MHCC020058852024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 937 OF 2024
Mohd. Nafees Mohd. Anees Shaikh
Age : 22, Occ. : Carpenter,
R/at : Plot No. 43/W/1, Road No. 04,
Opp. Vikas Mandir, Baiganwadi,
Govandi, Shivaji Nagar, Mumbai 43.

… Applicant/
Org. Accused
Vs.
The State of Maharashtra,
(At the instance of Shivaji Nagar police
station, Mumbai).

… Respondent/
Org. Complainant
Appearances :Ms.Tahseen S. Shaikh, Ld. Adv. for applicant/accused.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
DATED : 15th April, 2024.
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Heard learned Advocate for the applicant
and learned A.P.P. for the respondent/State. Perused the documents on
record.

-22.

BA-937/2024
It is contention of the applicant that he is arrested by police
in connection with C. R. No. 278 of 2024 registered by Shivaji Nagar
police station for the offence punishable under Sections 326, 324, 323,
504, 506(2) of IPC with Section 37(1)(A) of Maharashtra Police Act. It
is further contention that applicant is falsely implicated in this case.
Informant and his cousin went to accused about asking quarrel took
place between applicant and informant on 01/04/2024 near Ashiyana
Hotel Bainganwadi, Govandi at 10.00 pm incident occurred. It is further
contention that there is no prima facie case is made out against the
applicant for the offence under Section 326 of IPC hence this Section is
not applicable as there is no such injury on vital part of body of
informant. Applicant is ready to terms and conditions imposed by this
Court. He is ready to co-operate with investigation. In such
circumstances, there is no need of further detention of applicant. Hence,
they prayed for grant of bail.
3.

The learned A.P.P. and Investigating Officer opposed the
application on the ground that applicant in informant is resides in same
locality. If applicant is released on bail there is possibility of tempering
of evidence of prosecution and threatening witness. Hence, prayed for
rejection of the application.
4.

In view of submissions from both the sides and on perusal
of F.I.R. that incident occurred on 01.04.2024 at about 3.00 pm there
was scuffle between applicant and brother of informant at L & T Powai,
Mumbai. Thereafter, at 10.00 pm informant alongwith his cousin went
near Ashiyana Hotel, Baiganwadi, Govandi, Mumbai and asked
applicant about assaulted his brother. Therefore, applicant assaulted
informant and his friends with knife. During assault informant has
-3-
BA-937/2024
sustained injury on his hand and shoulder. Thereafter informant and his
cousin went to Sion hospital for treatment. Prima facie, no grievous
injury is mentioned in any medical certificate or medical paper. In such
circumstances, there is no need of further detention of applicant. Hence,
by imposing condition applicant may be released on bail. Hence, I pass
following order :ORDER
1.
2.

3.
4.
5.

6.
7.
8.
9.

Criminal Bail Application No.937 of 2024 is allowed.
Applicant/accused Mohd. Nafees Mohd. Anees Shaikh be released
on bail on furnishing P.R. & S.B. of Rs.25,000/- along with one or
more sureties in the like amount in connection with C.R.
No.278/2024 registered with Shivaji Nagar police station.
Applicant/accused shall attend Shivaji Nagar Police Station,
Mumbai, as and when required by Investigating Officer on notice.
Applicant/accused shall furnish his residential address proof
and contact numbers to Investigating Officer.
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.
Applicant/accused shall not leave India without previous
permission of the Court.
Bail before learned Court below.
Provisional cash bail is allowed for eight weeks.
Criminal Bail Application No.937 of 2024 stands disposed of
Digitally
accordingly.
signed by
AJAY ANIL
KULKARNI
Date:
2024.04.15
17:29:01
+0530
Date : 15.04.2024
Directly dictated on computer on : 15.04.2024
HHJ signed on
: 15.04.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
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BA-937/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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Date of Pronouncement
JUDGMENT /ORDER
HHJ SHRI. A.A. KULKARNI (CR 22)
of
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JUDGMENT /ORDER signed by
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