B.A. 141/2018
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IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
BAIL APPLICATION NO. 141 OF 2018
IN
R.A. NO. 165 OF 2018
Mohd. Harun Abdul Sattar Ansari,
Age : 40 years, Occ. : Business
Residing At : Hut No. 427, Mohd. Rafi
Nagar Slum, Shur Ahilyabai Holkar Marg,
Shivaji Nagar, Govandi, Mumbai.

Applicant/Accused
V/s.
The State of Maharashtra
(At the instance of Shivaji Nagar Police
Station, vide C.R.No.286 of 2016)
Respondent.

Appearance :н
Ld. Adv. Abdul Razman for Applicant/accused.
SPP. Jyoti Sawant, Ld. S.P.P. for Respondent/State.

CORAM : H.H. THE ADDITIONAL SESSIONS JUDGE
SHRI. M. B. DATYE (C.R.NO.21)
DATE :
17th May, 2018.

ORDER
Perused the application, documents, reply by S.P.P. Heard
Ld. Adv. Shri Arjun Chaudhari for accused Mohd. Harun Abdul Sattar
Aansari. It is said that accused has no concern with the incident. He is
the real brother of informant in the case. He is not named in F.I.R. He
is innocent. Witnesses did not tell about his role. He prays for bail
under Section 439(1) of Cr.P.C.

B.A. 141/2018
2.

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Prosecutions filed reply at Exh.2 that applicant / accused
was using phone number 9702550375. He was in contact with the
gang leader Abdul Raheman @ Lala through his mobile numbers
8108962543 and 9762232594 before and after the incident. The order
of approval and sanction mentions his name. Application be rejected.
3.

Incident occurred on 20.07.2016 at 8.00pm. Informant is a
Rikshaw driver.

There was meeting of the cohabitants for getting
electric meters. Head of Shivsena Shakha was present. There was no
consensus in the meeting.

The meeting was deferred.

Shahrukh
(accused No.5), Lokesh (accused No.6), Rushi (accused No.7), Azhar
(Accused No.1), Irfan, Abdul Raheman @ Lala (accused No.3), Imran,
Imam (accused No.4), Shafiq Langada (accused No.8) went there with
swords and bamboos. Abdul Raheman @ Lala raised sword and gave
threat, УKoi bhi light ka meter nahi lagayega, mai abhi abhi 307 me jail
me band tha. Do lakh rupaya kharcha karke chhutkar aaya hu. Is liye
muze tum sab log milkar apane ghar me lagay huye light ka har point
ka Rs.100/н dena hoga.

Agar koi nahi dega to mai usake Gharme
Ghusake ek ek ko maar dalungaФ.
4.

P.W. refused to pay the amount. He (may be accused No.

3) Abdul Raheman @ Lala raised sword and gave a blow with sword on
the head of P.W. P.W. put his hands to avoid the blow. He got injury to
the middle finger of his right hand.

He bent down.

accused No.3) gave other blow on the back of P.W.

He (may be
His wife
intervened. Other witness came forward. He gave blows with sword on
the wrist, right arm and shoulder.
5.

Informant intervened. Rushi gave blow with sword on his
head. He tried to resist. He got injury to his left palm and first finger.

B.A. 141/2018
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When he was getting assaulted, P.W. intervene. Shafik Langada gave
blows with sword and caused injury to his left palm. Shaharukh, Irfan,
Imran, Azar gave blows with iron rods.

3н4 unknown associates of
Abdul Raheman started beating the persons with bamboo sticks. When
people started running, accused No. 3 and other gave threats.
6.

Witnesses have told about the injuries received by them.

Informant has filed affidavit that applicant/accused is not involved, he
has no objection if he is released on bail. Prosecution says that present
accused Mohd. Harun Abdul Sattar Aansari was in contact with accused
No. 3 and 4 on their mobile numbers 8108962543 and 8693061009
respectively.
7.

Accused had no reason to be in contact with the head of the
Organised Crime Syndicate. Informant might be real brother of present
applicant/accused. There interests could be different. Word УabetФ is
defined in Section 2 (a) of the Act as under,
(a)УabetФ,
with
its
grammatical
variations
and
cognate
expressions, includes,н
i. the communication or association with any person with the
actual knowledge or having reason to believe that such
person is engaged in assisting in any manner, an organised
crime syndicate;
ii. the passing on or publication of, without any lawful
authority, any information likely to assist the organised
crime syndicate and the passing on or publication of or
distribution of any document or matter obtained from the
organised crime syndicate; and
B.A. 141/2018
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iii. the rendering of any assistance, whether financial or
otherwise, to the organised crime syndicate;
8.

Though the F.I.R. and statements of the witnesses don’t show the
name of present applicant/accused, he had not reason to be in contact
with head of the Organised Crime Syndicate. It primaнfacie shows his
role of abetment that is punishable under Section 3 (2) of the Act.
Section 21 (4) M.C.O.C. reads as under,
(4)
Notwithstanding anything contained in the Code, no person
accused of an offence punishable under this Act, shall if in
custody, be released on bail or on his own bond, unlessн
(a)
the public prosecutor has been given an
opportunity to oppose the application of such
release; and
(b)
where the Public Prosecutor opposes the
application, the court is satisfied that there are
reasonable grounds fro believing that he is not guilty
of such offence and that he is not likely to commit
any offence while on bail.

9.

As per this provision accused can not be released on bail,
unless it is showed that he has not committed offence punishable under
this Act or he will not commit offence under this Act. Such things are
not available in the present case. He does not deserve bail. I pass
following order.

B.A. 141/2018
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ORDER
Application is rejected.

Date : 17.05.2018
Dictated on
:
Transcribed on
:
Signed by HHJ on :
17.05.2018
17.05.2018
18.05.2018
( M. B. DATYE )
Additional Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay.

B.A. 141/2018
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УCERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDERФ.
22.05.2018 at 1:55 p.m.
UPLOAD DATE AND TIME
Mahendrasing D. Patil
Name of the Judge (With Court room : H.H.J. Shri. M.B. Datye
No.)
Court Room No.21
Date of Pronouncement of ORDER
: 17.05.2018
ORDER signed by P.O. on
: 18.05.2018
ORDER uploaded on
: 22.05.2018