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Cri BA No.405-2024
MHCC020027492024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.405 OF 2024
Mohamad Najeeb Vasiul Rehman Sheikh,
Age: 26 Years.

]
] …Applicant.

Versus
The State of Maharashtra
]
(At the instance of Dharavi Police Station Vide ]
FIR. No.816 of 2023.)
] …Respondent.
Advocate Aakash Jaiswal for applicant.
APP Pankaj Chavan for the State.
Advocate Shivmangalam Pandey for intervenor.
CORAM :
SHRI. S.B. PAWAR,
THE ADDL. SESSIONS JUDGE (C.R. No.58)
DATE
:
27th FEBRUARY, 2024.
ORDER
This is second application for regular bail filed by applicant
in connection with FIR No.816 of 2023 registered with Dharavi Police
Station for offence under sections 363, 364 and 307 of the Indian Penal
Code. After filing chargesheet, this is the first application for bail.
2.

The case of the prosecution in brief is that applicant
kidnapped child by name Aban Shaikh, aged 6 years, 10 months on
10.11.2023 at about 10.30 p.m. with intention to commit his murder
and thereafter, attempted to kill him by strangulating with the help of
waist belt. The initial FIR under section 363 of IPC was registered on
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Cri BA No.405-2024
the basis of complaint lodged by first informant Anwar Nakib Shaikh.
As per the complaint, the child is son of deceased sister of the first
informant and was residing with the first informant after death of his
mother.

Applicant was suspicious about illicit relations between his
wife and father of the child and therefore, in order to teach lesson to his
father, he committed the offence.
3.

Applicant seeks bail on the grounds that he is arrested on
11.11.2023 and since then he is in jail. No specific role is attributed
against the applicant. He has been falsely implicated in the case.
Investigation is complete and charge-sheet is filed. No grievous injury is
shown to have been caused to the victim. The first informant has filed
affidavit in support of the bail application.
4.

Heard learned Advocate for the applicant and learned APP.

Learned Advocate for the applicant, by inviting attention of the Court to
the injury report of the victim, submits that only simple injuries with
blunt object are shown in the certificate therefore, offence under section
307 of IPC is not attracted. Charge-sheet is filed and considerable time
will be required to conclude the trial. First informant has no objection
to release the applicant on bail. Therefore, he urged that applicant be
released on bail on any terms and conditions.
5.

On the other hand, learned APP argued that offence is very
serious therefore, though first informant has filed affidavit, the same
can not be considered. The affidavit is filed only to support the bail of
the applicant. There is possibility that offence may be repeated by the
applicant and he may tamper with the evidence.

As per his
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Cri BA No.405-2024
submissions, it is a pre-planned offence and therefore, applicant can not
be admitted to bail.
6.

I have perused the copy of charge-sheet annexed with the
application. It appears that initially on 10.11.2023 FIR was registered
under section 363 of IPC as the first informant had alleged that
somebody had kidnapped the victim. The charge-sheet discloses that
when Dharavi police was investigating the matter, the victim child
alongwith the applicant was found at Virar Railway Station at about
8.50 p.m. on 11.11.2023 and thereafter, they were taken in custody.
There were injuries on eye, nostril and on the neck of the victim and he
was in frightened condition. The statement of the child was recorded in
which he narrated that applicant had taken him and thereafter, he tried
to strangulate him by belt and also assaulted him with hands.
Admittedly, there is no eye-witness to the incident.

However,
investigating agency has collected CCTV footage from Santacruz and
Virar Railway Station in which the child was seen in the company of the
applicant. The CCTV footage at Bandra Railway Station further shows
that the applicant had carried the child in train from Bandra to Virar.
7.

The injury report discloses four injuries. Out of the four
injuries, two are friction abrasions on nose and upper lips and there is
conjunctival hemorrhage on the left eye. The fourth injury is described
as patterned abrasion admeasuring 12 X 2 cms on front of neck. The
said injury prima facie supports the case of prosecution that there was
an attempt to strangulate the child with the help of waist belt. Nature of
injury is not much relevant for the offence under section 307 of IPC.
The waist belt is recovered on the basis of disclosure statement given by
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Cri BA No.405-2024
the applicant. Therefore, there is material in the charge-sheet to show
prima facie involvement of the applicant in the alleged offence.
8.

The offence is committed against the child of tender age
and that too with the motive to teach lesson to the father of the child.
The punishment provided for the offence under section 364 of IPC is
upto life imprisonment. The offence under section 307 of IPC further is
also very serious offence. Therefore, looking at the seriousness and
gravity of the offence, in my view, the affidavit filed by first informant
can not be considered to entertain the prayer of bail. Therefore, the
applicant can not be admitted to bail and the application is liable to be
rejected. Hence, following order is passed:
ORDER
1.

Criminal Bail Application No.405 of 2024 filed by the applicant
Mohamad Najeeb Vasiul Rehman Sheikh, in connection with FIR No.816
of 2023 registered with Dharavi Police Station for offence under
sections 363, 364 and 307 of the Indian Penal Code, is rejected.
2.

Criminal Bail Application No.405 of 2024 is disposed off
accordingly.

Date : 27/02/2024
Order Dictated on: 27/02/2024
Transcribed on : 27/02/2024
Checked on
: 28/02/2024
Signed on
: 28/02/2024
(S.B. PAWAR)
Additional Sessions Judge
City Civil & Sessions Court,
Gr. Bombay
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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28.02.2024
2.52 p.m.

Cri BA No.405-2024
ARUN ANNAMALAI MUDALIYAR
Name of the Judge (With Court SHRI. S.B. PAWAR (CR 58)
Room No.)
THE ADDL. SESSIONS JUDGE
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JUDGEMENT /ORDER
of 27.02.2024
JUDGEMENT /ORDER signed by 28.02.2024
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