Bail Application No.279/2024.
MHCC020018962024
IN THE COURT OF ADDITIONAL SESSIONS JUDGE MUMBAI,
AT GR. MUMBAI
CRIMINAL BAIL APPLICATION NO. 279 OF 2024.
IN
C.R. NO. 184 OF 2023.

Sarwar Muksud Khan
… Applicant
Vs.
The State of Maharashtra,
(At the instance of RAK Marg Police Station,
Vide C.R.No. 184/2023).

…Respondent.

Appearances :Ld. Adv. Ms. Sartaj Shaikh for the applicant/accused.
Ld. APP. Mr. Abhijeet Gondwal for the State/Respondent.
CORAM : H.H. THE ADDITIONAL SESSIONS JUDGE
DR. A. A. JOGLEKAR (C.R.NO.37)
DATED : 08TH FEBRUARY, 2024.

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Bail Application No.279/2024.

ORAL ORDER
By this application the applicant/accused Sarwar Muksud
Khan being accused in C.R.No.184/2023 registered with RAK Marg
Police Station for the offences punishable under Sections 326, 506
and 34 of Indian Penal Code, (hereinafter referred to as, “IPC”)
alongwith Sections 3 and 25 of the India Arms Act, seeks bail under
Section 439 of the Code of Criminal Procedure, 1973 (In short,
“CrPC”).
2.

It is alleged that, an individual namely Sarwar Maqsood
Khan had visited the informant’s Garment Shop at Wadala and had
asked him to return money of some Guddubhai. It is stated that, the
informant told Sarwar Khan that, it is inter-se issue between him and
Guddu and that Sarwar Khan has no concern. It is alleged that,
Sarwar Khan was accompanied with a person acquainted with the
informant namely Navid Khan.

3.

As on 01.06.2023 while the informant and his brother went
to V.J.T.I. and post that, they went to their shop at about 10.10 am,
while the informant was outside his shop on his motorcycle and while
he was talking with his father and while informant’s brother gave
keys of their shop to the shop worker Dilshad Shaikh, at that time
three unknown persons came on a red colour Pulsar motorcycle with
their covered faces and one of them got down of the bike and stabbed
the informant on his right cheek with a knife, while the informant fell
down and screamed, his brother rushed towards him and tried to
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Bail Application No.279/2024.
rescue the informant, at that time the person tried to stab him back
with knife, but the knife got stucked in the bike handle and fell down.
Thus, the said unknown person immediately fled from the spot, the
informant was thereafter hospitalized and offence was registered
under Sections ibid. Further, as on 29.11.2023, accused Sarwar Khan
was put under arrest as on 01.12.2023.
4.

Ld. Advocate for applicant/accused states that, the
applicant/accused is falsely implicated as the offences initially is
stated to be committed by three unknown individuals and post arrest
of all three accused person no test identification parade has been
conducted. Further, the applicant/accused was apprehended from
Tilak road Wadala and his personal search panchnama was
conducted with the police station as on 29.11.2023, wherein alleged
recovered is effected. The offence is allegedly stated to have been
committed as on 01.06.2023 and the applicant/accused is put under
arrest as on 29.11.2023. Also the nature of injury is shown as simple.
Further, the investigation has concluded and the applicant/accused
has well co-operated with the respondent agency during his custodial
interrogation. Further, considering the factum of injury it is simple in
nature. Hence, the Ld. Advocate for applicant/accused prayed for
enlarging the applicant/accused on bail.

5.

Per contra the prosecution has filed their reply vide Exh.2,
and inter alia have resisted the application on various grounds. It is
categorically stated that, the applicant/accused in connivance with
the co-accused have actively participated in the commission of
present crime. Further, the applicant/accused has an abysmal track
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Bail Application No.279/2024.
record and has his threat factor in the entire area.

Further, the
prosecution apprehends abscondance, tampering of evidence and
threatening to prosecution witnesses.

Hence, the Ld. Prosecutor
prayed for rejection of application.
6.

Heard the Ld. Advocate for applicant/accused and Ld.
Prosecutor for the State. Perused application and reply along with the
documents filed and relied by the parties.

7.

It palpably evinces to myself that, the applicant/accused is
put under arrest as on 29.11.2023 and the FIR at the inception is
registered against unknown person. Further, the recovery has been
effected from applicant/accused, which lies under speculation as at
the spot where applicant/accused was apprehended and intercepted,
his personal search was not conducted, but it was conducted at the
police station. On perusal of the Personal Search Panchnama dated
29.11.2023, it is evident that the personal search was conducted at
the police station. Furthermore, on perusal of the injury certificate
the injuries shown are simple in nature.

8.

Moreover, while deciding an application for bail it is settled
that the Court is required to see whether the prima-facie case exists
or not. It is not necessary to make roving enquiry or examining the
merits of prosecution case.

9.

As stated supra, initially the offence was registered against
the unknown person, but later on the applicant/accused was put
under arrest as on 29.11.2023. Prosecution has not conducted Test
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Bail Application No.279/2024.
Identification Parade, and nothing to that effect is stated in the reply.
Further the abysmal track record cannot be sole ground for denial of
such relief on bail. It is evident that, considering the nature of injury
and the alleged weapons being seized from the applicant/accused I
hold that, further incarceration of the applicant/accused is not
necessitated and that the applicant/accused is entitled for bail. In the
backdrop of the aforesaid facts, I hold that, the application deserves
consideration. Hence, order infra: –
ORDER
1. Bail Application No. 279/2024 is allowed.
2. The applicant/accused Sarwar Muksud Khan being
accused in C.R.No.184/2023 registered with RAK
Marg Police Station for the offences punishable
under Sections 326, 506 and 34 of Indian Penal
Code alongwith Sections 3 and 25 of the India Arms
Act, be released on furnishing P. R. bond of
Rs.30,000/- (Rupees Thirty Thousand Only) with
one or two sureties in the like amount.
3. The applicant/accused and his sureties shall provide
their respective residential addresses, mobile
numbers and email addresses, if any.
The
applicant/accused shall intimate any such change in
address or telephone number and Email ID
forthwith.
4. The applicant/accused shall not directly or
indirectly make any inducement, threat or promise
to any person acquainted with the facts of the
present case to dissuade them from disclosing such
facts to the Court.
5. The applicant/accused shall not tamper with the
prosecution evidence in any manner.

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Bail Application No.279/2024.
6. The applicant/accused shall attend the RAK Marg
Police Station on every Tuesday and Friday between
11.00 a.m. and 4.00 p.m. until further order.
7. The applicant/accused shall surrender his passport
if any with the investigating officer. If the applicant
doesn’t have passport, he will furnish an affidavit to
that effect.
8. The applicant/accused shall not leave India without
permission of this Court.
9. Any breach of the conditions in this bail order shall
entail cancellation of bail forthwith.
10.
Bail
Application
disposed of accordingly.

No.279/2024
DR. ABHAY
AVINASH
JOGLEKAR
Date : 08.02.2024.

stands
Digitally signed by
DR. ABHAY
AVINASH JOGLEKAR
Date: 2024.02.09
16:50:29 +0530
(Dr. A. A. JOGLEKAR)
Additional Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay (C.R.No.37)
Dictated on
: 08.02.2024.
Transcribed on : 08.02.2024.
HHJ signed on : 09.02.2024.

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Bail Application No.279/2024.

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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