B.A.81/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 81 OF 2022
( CNR NO.: MHCC020004172022 )
Saifali Shaukatali Ansari,
Age: 25 years, Occ: Rickshaw Driver,
R/o: Deonar Slaughter House,
Gate No.3, Near Raja Hotel,
Govandi Station Road,
Govandi, Mumbai400043.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Deonar P.Stn.
Vide C.R. No.370/2020)
…Respondents/State.
Appearance:
Mr. S.K.Ali Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 27/01/2022.
ORDER
1.
This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Saifali Shaukatali Ansari, in crime No.370/2020
under section 307,324,323,504,506(II) r/w 34 of IPC and Section 4 and
25 of Arms Act and Section 37(1)(A), 135 of Maharashtra Police Act,
registered at police station Deonar, Mumbai.
Facts in brief are as under :
2.
Complainant Salauddin Khan lodged report in the police station
alleging that he and one Jeet Kadam opened new washing center at
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Bhimwadi Govandi. On 4/1/2020 there was birthday of Jeet Kadam.
Complainant knew accused.
Accused were demanding party to the
complainant on account of opening of washing center and birthday of
Jeet Kadam. Complainant had refused to the same and at that time
accused had beat to the complainant. Complainant had lodged report
and crime no. 351/2020 under section 324, 323,504,506 r/w 34 of IPC
was registered against the accused. Thereafter, on 15/11/2020 at about
8.00 to 8.30 p.m. complainant had been to drink lassi near Lotus Signal
with his friend Aniket.
Accused came there. Due to previous enmity
accused raised quarrel with the complainant. Accused abused to the
complainant. Accused Shakir tried to assault to the complainant by
sword but complainant sustained injury on his right hand. Complainant
had also sustained injury by sword on his head. Accused Shakir and
Imran assaulted to the complainant by Bamboo and present
applicant/accused assaulted to the complainant by kicks and blows.
Thereafter, complainant was taken to Rajawadi hospital.
After
treatment on 16/11/2020 complainant lodged report in the police
station.
3.
On the report crime was registered and same is under
investigation.
4.
Mr. S.K.Ali Advocate for applicant/accused has submitted that
applicant is innocent and he has not committed any crime. There is no
recovery or discovery at the instance of applicant/accused.
He has
invited my attention towards FIR. According to him, the role attributed
to the applicant is that he assaulted to the complainant by kicks and
blows. Accused is permanent resident of given address and he is ready
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to abide by the conditions, if any imposed by the Court. Hence, he
prayed to release the applicant/accused on bail.
5.
Mr. Ramesh Siroya, APP for the State has submitted that
investigation is in progress. Accused was absconded at about one year
from the incident and if he is released on bail then he will not turn for
trial. He prayed to reject the application.
6.
I have Perused the record. The incident occurred on 15/11/2020.
It is true that accused is arrested on 01/01/2022. From the say of
prosecution, it appears that there was no recovery from the applicant.
The role assigned to the accused is that he assaulted to the complainant
by kicks and blows. It also appears that accused is permanent resident
of given address and he undertakes to abide by the conditions, if any,
imposed by the Court. Hence, considering the facts and circumstances
of the case, I find that accused is entitled for bail. Therefore, following
order.
ORDER
1.
Bail Application No. 81/2022 is hereby allowed.
2.
Applicant/accused namely Saifali Shaukatali Ansari
be released on execution of P.R Bond of Rs. 20,000/
(Twenty Thousand only) with one or more sureties
in like amount in C.R. No. 370/2020 u/s 307, 324,
323, 504, 506(2) r/w 34 of Indian Penal Code and
Section 4 and 25 of Arms Act and Section 37(1)(A),
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135 of Maharashtra Police Act, registered at Police
Station Deonar on the conditions that :
a)
He shall attend concerned police station as and
when reasonably required by investigating officer till
further orders.
b)
He shall not pressurize the prosecution
witnesses in any manner.
c)
He shall not commit any offence while on bail.
d)
He shall furnish his correct address to the
investigating officer.
3.
He be released on provisional cash bail of
Rs.20,000/. Duration of provisional cash bail shall
be for four weeks.
4.
Bail before Ld. Magistrate.
5.
Bail Application No.81/2022 is disposed of
accordingly.
Dictated on
Transcribed on
Date of sign
: 27& 28.01.2022.
: 03.02.2022.
: 03.02.2022.
GIRISH
BALKRISHNA
GURAO
Digitally signed
by GIRISH
BALKRISHNA
GURAO
Date:
2022.02.03
16:04:34 +0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
B.A.81/2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
03.02.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.11)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
27.01.2022.
Order signed by P.O. on
03.02.2022.
order uploaded on
03.02.2022.