1
B.A.No.235 of 2022
CNR:MHCC02-001160-2022
IN THE SESSIONS COURT FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.235 OF 2022
IN
(C.R.NO.1007 OF 2021)
Salman Jahangir Khan
Aged:23, Occ:Service,
R/at.Mulebai Chawl,
Ramgad Nagar, Goshala
Road, Mulund, Mumbai:80.

.. Applicant
V/s.
The State of Maharashta
(at the instance of Mulund
Police Station, Mumbai)
.. Respondent
Appearances:
Adv. Anita Marbhal for applicant.
APP Abhijeet Gondwal for respondent.
Coram : R. M. Sadrani
Addl. Sessions Judge
C.R. No.37.
DATED : 8th February 2022.
ORDER
1
This is second application U/s.439 of Code of Criminal
Procedure(hereinafter referred to as “Cr.P.C.) for the grant of bail to
the applicant Salman Jahangir Khan in C.R.No.1007 of 2021 of
Mulund Police Station for the offence punishable U/s.326, 324,
323, 504, 506 r/w.34 of Indian Penal Code (hereinafter referred to
as IPC).

Earlier B.A.No.2912 of 2021 was rejected on 30th
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B.A.No.235 of 2022
November 2021 before filing of the chargesheet.

Now the
investigation is over and chargesheet is filed.
2
As per case of the prosecution, informant is Yashwant
Bhagwan Thakare. Incident took place on 27/10/2021. At about
6.00 p.m., son of the informant Harshad and nephew Akash had
gone outside the house. After sometime, person namely Arun Ahire
informed him that there was assault on Harshad and Akash in front
of tea stall of Nagori.
Shubham.

Assault was by applicant and his friend
Therefore, he went to the spot and inquired with
Harshad and Akash. Both informed that applicant assaulted them
with iron rod. Assault was on the knee. Shubham also assaulted
them. Accordingly, he lodged report.
3
Learned Adv.Anita Marbhal for the applicant argued
that victim is discharged from the hospital. After taking treatment
of fracture, doctor applied plaster.

Offence U/s.324 may be
attracted. Criminal antecedents cannot be a ground to reject the
application. She requested to enlarge the applicant on bail.
4
Learned APP Abhijeet Gondwal opposed the application
and argued that there was fracture injury. Assault to the victim
Harshad was by iron rod. There are eight criminal antecedents
against the applicant. Most of them are against human body and
carrying illegal arms. He requested to reject the application.
5
After hearing both the sides, I go through record.

Applicant assaulted with iron rod on victim Harshad. Applicant
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B.A.No.235 of 2022
asked victim to bring cigarette for him and when he refused, he
assaulted him. There are eight criminal antecedents against the
applicant. It appears that there is terror of the applicant in Mulund
locality. Investigation is over and chargesheet is filed. Offences are
triable by the Magistrate’s Court. Considering criminal antecedents
of the applicant in Mulund locality, by imposing certain conditions,
application can be allowed. Hence, I pass following order.
ORDER
1
Bail Application No.235 of 2022 is hereby allowed.

2
Applicant Salman Jahangir Khan in C.R.No.1007 of
2021 of Mulund Police Station for the offence punishable U/s.326,
324, 323, 504, 506 r/w.34 of Indian Penal Code be released on bail
on executing PR bond of Rs.25,000/- with one or two sureties of
the same amount.
3
Applicant to furnish his detailed address, phone number
at the time of furnishing bail.
4
Bail before the Court attending remand.

5
Applicant shall not enter Mulund locality till conclusion
of the trial.
6
Applicant shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
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B.A.No.235 of 2022
facts of the accusation against himself so as to dissuade him from
disclosing such facts to the Court or to any police officer.
7
Applicant shall not leave India without previous
permission of the Court.
8
Bail Application is disposed off accordingly.

( R. M. Sadrani )
Addl. Sessions Judge, Sessions Court,
Dated :08/02/2022.
Gr. Mumbai
Dictated on
:08/02/2022.
Transcribed on :09/02/2022.
Signed on
:09/02/2022.

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 09/02/2022.
TIME:03.15 p.m.

(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room Shri. R. M. Sadrani, Judge, C.R.No.37.
No.)
Date
of
pronouncement
Judgment /Order
of 08/02/2022.

Judgment/Order signed by P.O. on
09/02/2022.

Judgment/Order uploaded on
09/02/2022.