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MHCC020062132024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 981 OF 2024
Shahid Nishar Shaikh
… Applicant/accused
Vs.
The State of Maharashtra
(Through of Deonar Police Station vide
C.R. No. 162/2024)
… Respondent/State
Appearance :Mr. Jabbar, Ld. Advocate for applicant/accused.
Mr. Sachin Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 30TH APRIL, 2024.
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application filed by applicant/accused under
Section 439 of the Code of Criminal Procedure, 1973, for releasing
him on regular bail in connection with C.R. No.162/2024 registered
with Deonar police station for the offence punishable under Sections
307, 385, 324, 323, 504, 506(2) of I.P.C. and 37(1) (A), 135 of
Maharashtra Police Act.

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2.

Applicant/accused submitted that he is innocent and
has not committed any crime. Applicant/accused submitted that he
has been falsely implicated in this crime. Complainant himself
mentioned the names of four accused persons. The name of
applicant/accused
is
not
mentioned.

He
submitted
that
investigation is completed and recovery has been effected. He is
ready to abide by terms and conditions imposed by the Court.
Hence, applicant/accused prayed for grant of regular bail in
connection with C.R. 162/2024 registered with Deonar. police
station.
3.

The investigation officer submitted reply at Exh.2 and
resisted the application on the ground that investigation is at initial
stage. Applicant/accused has committed serious offence in collusion
with other accused persons. If bail is granted to applicant/accused
then he will commit similar type of offence and destroy evidence of
prosecution. Lastly, investigating officer prayed for rejection of bail
application.
4.

Heard Ld. Adv. Mr. Jabbar for the applicant/accused,
Ld. APP Sachin Patil for Respondent/State and A.P.I. Rahul Mokate
attached to Deonar police station.
5.

Perused the contents of application and say filed by the
investigating officer. By this application the applicant/accused
prayed for grant of regular bail. It is to be noted that the name of
applicant is not mentioned in F.I.R. The name of Sahil is mentioned
in F.I.R. as accused No.3. The name of applicant/accused is Shahid
Nisar Shaikh and in remand report also his name is mentioned as
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Shahid Nisar Shaikh. Thus it is clear that the name of
applicant/accused is not mentioned in F.I.R.
6.

In F.I.R. there are allegation against accused Rahul that
he inflicted blow by knife to informant and witness Sachin. There
are allegation against accused Sahil that he inflicted blow to
witness Sachin by bamboo stick. In F.I.R. there are no allegation
against applicant/accused that he assaulted to informant or any
witnesses. There are no allegation against applicant/accused that
he inflicted blow by knife or bamboo stick to informant or witness.
Nothing is recovered at the instance of accused. Thus it is clear that
there is no specific role attributed to applicant/accused in the said
crime.
7.

The applicant/accused is in jail from 08.04.2024. So
far as applicant/accused is concerned, most of the investigation is
completed. Applicant/accused is ready to abide terms and
conditions imposed by the Court. Applicant/accused is permanent
resident of Mumbai. He will not abscond. He is not having any
criminal antecedent. Hence, by imposing conditions, he can be
enlarged on bail. Hence, application needs to be allowed.
Therefore, I proceed to pass following order :ORDER
1.

Criminal
Bail
Application
No.981
of
2024
filed
by
Applicant/accused is allowed.
2.

Applicant/accused namely Shahid Nishar Shaikh resident of
Mahada Colony, Building No.10/B, Room No.709, 7th Floor,
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Natwarlal Parekh Compound, Shivaji Nagar, Govandi, Mumbai400043 is ordered to be released on regular bail under section
439 of Cr. PC on furnishing on P.B. and S.B. of Rs.25,000/-with
one or two sureties of like amount in the event of arrest in C.R.
No.162/2024 registered with Deonar Police Station for the
offence punishable under Sections 307, 385, 323, 324, 504,
506 (II) of the I.P.C. and section 37 (1)(a) r/w 135 of M.P. Act.
(a) The applicant/accused is directed to attend the concerned
police station on every Sunday in between 11:00 a.m. to 03:00
p.m. till filing of charge-sheet.
(b) The applicant/accused and his sureties shall provide their
respective residential addresses, mobile numbers and email
addresses, if any to investigation officer. The applicant/accused
shall intimate any such change in address or telephone number
and Email ID forthwith.
(c) The applicant/accused should not directly or indirectly
make any inducement, threat or promise to any person
acquainted with facts of case so as to dissuade them from
disclosing the facts to Court or any Police Officer and should
not tamper with the evidence and prosecution witnesses.
(d) The applicant/accused shall not leave India without prior
permission of Sessions Court.
(e) Breach of any conditions by the the applicant/accused, shall
result in cancellation of bail.
3.

Provisional cash bail of Rs.25,000/- is allowed to the
applicant/accused for period of 4 weeks to furnish surety from
the date of release.

4.

Bail before Ld.Trial Court.

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5.

Criminal Bail Application No.981 of 2024 stands disposed off
accordingly.

Date : 30.04.2024
Dictated on
: 30.04.2024
Transcribed on : 06.05.2024
Signed on
: 06.05.2024
Digitally signed
by ATUL
SHANKARRAO
ATUL
SHANKARRAO SALGAR
SALGAR
Date:
2024.05.07
11:13:04 +0530
[A.S. SALGAR]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
(C.R. No.24)
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
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Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 30.04.2024
JUDGMENT /ORDER signed by 06.05.2024
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