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MHCC020022152024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT
BOMBAY
( Court No.17 )
(Presided Over by S.N.PATIL)
CRIMINAL BAIL APPLICATION NO.305 OF 2024
Joy Jessy Mendosa (Sundar)
Age-32 years, Occupation-Business
Address-R.T. opposite to Swaminarayan Temple,
Kopri, Virar(East), Palghar
.Applicant/accused
VERSUS
State of Maharashtra.
(Through Khar Police station)
..Respondent/State.
________________________________________________________
Appearance:Ld. adv. Mr. Siddique h/f adv. Abhishek Mishra for the
applicant/accused
Mrs. Ashwini Rayakar Ld.A.P.P. for the State/respondent.
________________________________________________________
CORAM : S.N.PATIL
ADDL. S.JUDGE (C.R.17)
DATE : 23/02/2024
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ORAL ORDER
1.

Applicant/accused is seeking regular bail under
Section 439(1) of Code of Criminal Procedure.
2.

Perused the application and say. Heard both sides.
Prosecution case may be summarized as under:-
3.

On 20/01/2024 around 7.45 p.m. applicant/
accused assaulted one Dhunash. To save Dhunash from the
clutches of the applicant/accused, informant went ahead. On
this, applicant/accused got annoyed and assaulted the informant
by a broken glass on his abdomen and caused grievous hurt to
the informant. He also threatened the informant.
4.

On the basis of information containing the above
allegations, crime bearing No.931/2023 is registered at Khar
Police Station for the offence punishable under Section 307,
323, 504, 506 of the Indian Penal Code.
5.

Applicant/accused prayed for bail on the following
amongst other grounds:a.

Applicant/accused is innocent and falsely
implicated in this matter.

b.

The applicant/accused is permanent resident of
Mumbai.

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c.

The investigation is completed and chargesheet is filed.

d.

There is delay of more than 13 hours in registering FIR.

e.

Nothing is recovered from the applicant/accused.

f.

The applicant is ready to abide by the conditions imposed
upon by the Court.
By making these submissions, applicant/accused
prayed to release him on bail.
6.

As against this, Ld. A.P.P. strongly resisted the bail
application on following grounds:a-
Applicant/accused is criminal offender.

b.

The applicant/accused has violated the externment order
passed against him.

c.

If applicant/accused is released on bail, he may abscond
and commit similar type of offence.
By making these submissions, Ld. A.P.P. prayed to reject
the bail application.
7.

Ld. Counsel appearing for the applicant/accused
placed reliance upon the case of Maulana Mohd. Amir Rashadi
V/s State of U.P. and anr in Criminal Appeal No.159 of 2012 of
Hon’ble Supreme Court dated 16/01/2012 wherein it is held by
the Hon’ble Apex Court that merely on the basis of criminal
antecedents, the claim of the second respondent cannot be
rejected. In other words, it is the duty of the Court to find out
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the role of the accused in the case in which he has been charged
and other circumstances such as possibility of fleeing away from
the jurisdiction of the Court etc.
I have gone through the law cited in the above
citation. With due respect, the said citation is not applicable in
the present case. The applicant/accused was externed from the
Mumbai City. However, he violated the said order and entered
in the jurisdiction of the Court and committed the present crime.
8.

Considered the submissions advanced on behalf of
both sides. There are 11 cases registered against the present
applicant/accused at Khar police station. He was externed from
Mumbai city. He is a habitual offender. If he is released on bail,
he will commit similar type of offence and flee away from
justice.
9.

On perusal of the medical certificate issued by
K.B.Bhabha hospital of the informant, it reveals that informant
sustained stab injury admeasuring 3×1 cm on left sub-coastal
region by sharp edged weapon and it is grievous injury. The
applicant/accused is charged for the offence punishable under
Section 307 of the Indian Penal Code. Offence under Section
307 of the Indian Penal Code is punishable with life
imprisonment.

Considering the nature of offence, the role
played by the
applicant/accused and the serious nature of
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injury, the applicant/accused is not entitled to be released on
bail. In the result, following order:ORDER
Criminal bail application No.305 of 2024 is rejected and
disposed of accordingly.
( S.N.PATIL )
Addl. Sessions Judge
City Civil & Sessions
Court, Gr. Bombay.

23/02/2024
Dictated on
Transcribed on
Signed on
:
:
:
23/02/2024
23/02/2024
23/02/2024
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER”.

23/02/24 at 05.50 pm.

Mrs.Tanushree C.Kamble
Name of the Judge
HHJ SHRI S.N.PATIL
Date of Pronouncement of
judgment/order
23.02.2024
Judgment and order signed by P.O.

23.02.2024
Judgment/order uploaded on
23.02.2024