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MA & BA in Appeal No.161/2022
IN THE COURT OF SESSION FOR GREATER BOMBAY AT MUMBAI
COMMON ORDER
MISCELLANEOUS APPLICATION NO. 554 OF 2022
&
BAIL APPLICATION NO. 705 OF 2022
IN
CRIMINAL APPEAL NO. 161 OF 2021
(C.C. No. 253/PW/2020)
Abdul Sattar Shakil Ahmed Shahbazkar
…Applicant/Accused
Versus.
1. The State of Maharashtra
Through Byculla Police Station
2. Janardhanprasad Shivnath Dubey
… Respondents.

Appearance :
Ms. Sneha Dixit, Ld. Advocate for the applicant/accused.
Mrs. Jyoti Sawant, Ld. SPP for the State/Respondent No. 1.
CORAM:
H.H. THE ADDL. SESSIONS JUDGE,
SMT. A.D. DEO (C.R. No. 35).

DATED :
4th April, 2022
: COMMON ORDER :
The applicant accused has preferred Appeal No.161 of 2022
against
the
Judgment
and
Order
dated
15.02.2022
in
C.C.

No.253/PW/2020 whereby the Ld. Metropolitan Magistrate 25 th Court,
Mazgaon, Mumbai has convicted the accused for offence punishable under
Sec.326 of IPC and imposed simple imprisonment for two years and fine of
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MA & BA in Appeal No.161/2022
Rs.10,000/­, in default to suffer simple imprisonment for six months and
also convicted for the offence under Sec.504 of IPC and sentenced to suffer
simple imprisonment for six months and fine of Rs.5000/­, in default to
suffer simple imprisonment for three months.
2.

In M.A. No.554/2022, it is prayed that the said conviction
Judgment and Order be suspended till the decision of Appeal and vide
B.A.No.705 of 2022, it is prayed that the accused be granted bail till the
decision of Appeal.
3.

Heard Ld. Advocate for the applicant/accused.

4.

Perused record before me.

As the accused has hopes of
success in Appeal and also as the accused was on bail during trial, in the
interest of justice, I allow both the applications. Hence, I proceed to pass
following order
ORDER
1. Misc. Application No.554 of 2022 in Appeal No.161 of 2022 is
allowed and disposed of accordingly..
2. The impugned order dated 15.02.2022 in C.C.No. 253/PW/2020
passed by the Metropolitan Magistrate 25 th Court, Mazgaon, Mumbai, is
hereby suspended till the decision of appeal
3. Bail Application No.705 of 2022 in Appeal No. 161 of 2022 is allowed
and disposed of accordingly.
4. Applicant/original accused Abdul Sattar Shakil Ahmed Shahbazkar
shall be released on his executing PB and SB of Rs. 15,000/­ (Rupees
Fifteen Thousand Only) with one or more sureties in the like amount.
5. The applicant/accused shall furnish his mobile/landline numbers, the
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MA & BA in Appeal No.161/2022
mobile/landline numbers of their two close relatives/friends and also
their family members, who are residing preferably in Mumbai, in writing
to the concerned police station and shall not change his contact details
till conclusion of trial.
6. The applicant/accused shall also produce the proof of their identity
and proof of residence in Mumbai at the time of executing bail bonds.
7. The applicants/accused shall attend each and every date of this
appeal.
8.

The applicants/accused shall not leave India without prior
permission of the Court.
9.

The applicant/accused shall not commit offence while on bail.

10.

Ld. Counsel for the applicant/accused is directed to inform the
above conditions to the applicant/accused for compliance.
11.

In case of breach/default of any of the above condition by the
applicant/accused, it would be viewed seriously and it would entail
cancellation of bail granted to the applicant/accused.
12.

Inform about this order to the Trial Court.

13.

Copy of this order be maintained in the appeal.
ABHISHREI
DNYANESHWAR
DEO
(A.D. DEO)
Additional Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay.

Date: 04.04.2022
Dictated on
Transcribed on
Signed on
Digitally signed by ABHISHREI
DNYANESHWAR DEO
Date: 2022.04.06 11:07:06
+0530
: 04.04.2022
: 05.04.2022
: 05.04.2022
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MA & BA in Appeal No.161/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
06/04/2022 11.15 a.m.
UPLOADED DATE AND TIME
S.S. Bathe
NAME OF STENOGRAPHER
Name of the Judge
(With Court Room No.

H.H.J. Smt. A. D. Deo
(Court Room No. 35)
)
Date
of
Pronouncement
Judgment/Order
of 04/04/2022
Judgment/Order signed by P.O. on
05/04/2022
Judgment/Order uploaded on
06/04/2022