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MHCC020027352024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 397 OF 2024
Sameer Azmtullah Pathan alias
Mohd. Samir Ajmtulla Patan
Age : 26 years, Occ.: Service
R/at : Tanaji Malusare Chowk,
Hall Panchall Nagar, Zopadpatti,
Tata Nagar, Govandi, Behind Samaj Kalyan,
Shivaji Nagar, Mumbai 43.

…Applicant/accused
Vs.
The State of Maharashtra
(Through Shivaji Nagar Police Station,
Mumbai)
…Respondent
Appearance :Mr. Nawaz Usmani, Ld. Advocate for the Applicant.
Mr. Ramesh Siroya, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.22)
DATED : 21st February, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application under Section 439 of Cr. P.C. for bail.
Heard Ld. Advocate for applicant and Ld. APP for the State. Perused the
application, say and documents on record.

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2.

The Ld. Advocate for applicant submitted that applicant is
arrested by Shivaji Nagar police station in connection with Crime
No.8/2024 for the offence punishable under Sections 307, 323, 504,
506 r/w 34 of IPC. It is further contended that he is falsely implicated
in this case on the bases of false story. No offence under section 307 of
IPC is made out. Nothing is to be recovered at the instance of the
applicant. Injured is discharged from the hospital. Applicant is
permanent resident of Mumbai. Applicant is ready to co-operate with
police. In such circumstances, there is no further need of detention of
the applicant. Hence, prayed for grant of bail.
3.

Ld. APP and investigating officer opposed application. It is
their contention that alleged offence is serious. Investigation is in
progress. If, applicant is released on bail there is possibility of his
absconding and tampering of evidence of prosecution. Hence, prayed
for rejection of application.
4.

In view of submissions from both sides and on perusal of
the allegations in FIR on 02.01.2024 informant was present at his house
at that time applicant and other accused found present at the house of
his brother-in-law. There was some exchange words between informant
and accused. After some time applicant came on the spot. Accused
caught hold informant and during that time applicant assaulted
informant by bottle of beer. In view of such allegations it reveals that
there are no allegations against applicant of having assaulted informant
and caused any grievous injury. In such circumstance, nothing is to be
seized at the instance of applicant and there is no need of further
detention of applicant for further investigation. By imposing conditions
applicant may be released on bail. Hence I pass following order.

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ORDER
1.

Criminal Bail Application No.397 of 2024 is allowed.

2.

Applicant/accused Sameer Azmtullah Pathan alias Mohd. Samir
Ajmtulla Patan be released on bail on his furnishing P.R. and S.B.
Bond of Rs.25,000/- along with one or more sureties in the like
amount in connection with C.R. No.8/2024 registered with
Shivaji Nagar police station.

3.

Applicant/accused are directed to appear before police as and
when required of further investigation till filing of the chargesheet.

4.

Applicant/accused shall furnish his residential address proof
and contact numbers to Investigating Officer.

5.

Applicant/accused shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.

6.

Applicant/accused shall not leave India without previous
permission of the Court.

7.

Bail before learned Court below.

8.

Criminal Bail Application No.397 of 2024 stands disposed off
accordingly.

Date : 21.02.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
Directly dictated on computer on : 21.02.2024
HHJ signed on
: 21.02.2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
21.02.2024
5.30 p.m.

Order is prepared by Presiding Officer
Name of the Judge (With Court HHJ SHRI. A.A. KULKARNI (CR 22)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of
21.02.2024
JUDGMENT /ORDER signed by
P.O. on
21.02.2024
JUDGMENT /ORDER uploaded
on
21.02.2024