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MHCC020062872024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 998 OF 2024
Abbas Ali Adam Ali Sheikh
… Applicant/accused
Vs.
The State of Maharashtra
(Through of Deonar Police Station vide
C.R. No. 14/2024)
… Respondent/State
Appearance :Ms. Anjali Awasthi, Ld. Advocate for Applicants/Accused.
Mr. O.S. Maraskolhe, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 8TH MAY, 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.14/2024 registered
with Deonar police station for the offence punishable under
Sections 307, 323, 504, 506 (2) of I.P.C. and Sections 37(1)(A)
r/w 135 of Maharashtra Police Act.
2.

Applicant/accused submitted that he is innocent and
falsely implicated in this crime. There is property dispute between
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applicant and complainant. The applicant has sustained injury. He
is permanent resident of Mumbai. He will not abscond. He is ready
to abide all the terms and conditions imposed by the Court. Hence,
applicant/accused prayed for grant of regular bail in connection
with C.R. No.14/2024 registered with Deonar. police station.
3.

The investigation officer submitted reply at Exh.2 and
resisted the application on the ground that applicant/accused is
habitual offender. The applicant/accused has assaulted complainant
and witnesses by means of sharp weapon. If bail is granted to
applicant/accused then he will tamper prosecution evidence.
Applicant/accused will abscond if released on bail. Lastly,
investigating officer prayed for rejection of bail application.
4.

Heard Ld. Advocate Ms. Anjali Awasthi for the
applicant/accused
and
Ld.

APP
O.S.

Maraskolhe
for
Respondent/State.
5.

On the basis of the report lodged by informant Sohel
Irfan Ali Shaikh, the Deonar police station registered the C.R.
No.14/2024 against accused persons for the offence punishable
under Section 307, 504 of the I.P.C. It is alleged that on 13.01.2024
at about 8.30 p.m. the complainant was siting in front of flour mill,
Gautam Nagar, A Colony, Shivneri Chawl, Gowandi, Mumbai. At
that time the accused Abbas came there. He was abusing to the
people who were passing through the road. He was also beating to
them. At about 8.40 p.m. accused Abbas came towards informant,
abused him and slapped him. Thereafter the informant made call to
his father and narrated the incident. The father, mother and brother
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of informant came at the spot at about 8.50 p.m. At that time
accused Abbas also abused to them in filthy language. The accused
removed the knife hidden in his pant pocket and inflicted blows on
the neck, face, forehead of informant. The father, mother and
brother of informant came to help the informant. But accused
stabbed to the father of informant in his stomach and face. Accused
also assaulted to the brother of informant on elbow of his right
hand. Due to the assault, the informant and his father sustained
grievous injuries. Friend of informant namely Amin Shaikh and Kaif
Ansari carried them to the Shatabdi hospital for treatment. Hence
the informant lodged report against the accused on the ground that
the accused attempted to kill informant and his father by means of
knife.
6.

This is second bail application filed by accused. First
bail application filed by applicant/accused was rejected by the
Court on 13.02.2024 on the ground that investigation was in
progress. After completion of investigation charge-sheet has been
filed against the accused. In my view as charge-sheet has been filed
against accused, there is change in circumstance. Therefore second
bail application is maintainable.
7.
mentioned
It is to be noted that the name of applicant/accused is
in
FIR.

In
F.I.R.

there
are
allegation
that
applicant/accused inflicted blow to the complainant by knife.
Accused also assaulted brother of informant and caused injuries. It
is seen from the record that the knife used in the crime is
recovered. The prosecution filed MLC papers which shows that the
informant has given history before Medical Officer about assault.

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Before Medical Officer the informant has not disclosed the name of
applicant/accused and about assault by the accused to the
informant on neck, forehead and face. On the contrary the MLC
paper shows injury to upper lips of complainant. The MLC papers
are not showing any type of injuries on face, neck and forehead of
informant.
8.

In present case investigating officer recorded statement
of witnesses, drawn spot panchanama, seized clothes of injured
under panchanama. Investigating officer also seized the weapon
used in the crime. After completion of investigation, investigating
officer submitted charge-sheet against applicant/accused. In my
view as charge-sheet has been filed against applicant/accused, it is
just and proper to enlarge him on bail.
9.

In present case, applicant/accused is in jail from
14.01.2024. It means he is in jail from more than three months. He
is permanent resident of Deonar, Mumbai. He will not abscond. No
purpose will be served by keeping him behind the bar. It will take
time to commence the hearing of the case. If bail is not granted to
applicant/accused then it will amount to pre-trial conviction.
Hence, by imposing conditions applicant/accused is entitled to be
released on bail.
10.

Investigating officer submitted that applicant/accused
is habitual offender and other crimes are registered against him at
Deonar police station. Hence it is submitted that bail application be
rejected. However, this submission of Ld. A.P.P. cannot be accepted.
Merely
because
other
criminal
cases
are
pending
against
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applicant/accused, the bail cannot be refused to him. Moreover,
mere pendency of criminal cases against the applicant/accused is
not a sufficient ground for denying bail to applicant/accused. The
other criminal cases would not come in the way of grant of bail. In
my view the applicant/accused can be released on bail by imposing
stringent conditions.
11.

In present case since charge-sheet has been filed
against applicant/accused, it is proper to enlarge him on bail on
conditions. In my view stringent conditions may be imposed upon
applicant/accused, so that he will no indulge in other crime. So also
heavy surety needs to be taken from him. Hence, application needs
to be allowed. Therefore, I proceed to pass following order :ORDER
1.

Criminal
Bail
Application
No.998
of
2024
filed
by
Applicant/accused persons is allowed.
2.

Applicant/accused namely Abbas Ali Adam Ali Sheikh, resident
of Gautam Nagar, A Colony, P.L.Lokhande Marg, Deonar,
Mumbai-400 043 be released on regular bail on furnishing P.R.
Bond of Rs.01,00,000/- (Rupees One Lakh Only) along with one
or two sureties in like amount in connection with C.R. No.14/2024
registered with Deonar Police Station for the offence punishable
under Sections 307, 323, 504, 506 (2) of I.P.C. and Sections 37(1)
(A) r/w 135 of Maharashtra Police Act on following conditions :(a) Applicant/accused shall attend the trial regularly.
(b)Applicant/accused
and
his
sureties
shall
provide
their
respective residential addresses, mobile numbers and email
addresses, if any to investigation officer. Applicant/accused shall
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intimate any such change in address or telephone numbers and
Email ID forthwith.
(c) 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) Applicant/accused shall not leave India without prior
permission of Ld.Sessions Court.
(e) Except for attending the trial, the applicant/accused shall not
enter the jurisdiction of Deonar Police Station after being released
on bail till the trial concludes.
(f) Breach of any conditions by applicant/accused shall result in
cancellation of bail.
3.

Cash bail is not allowed.

4.

Bail before this Court.

5.

Criminal Bail Application No.998 of 2024 stands disposed off
accordingly.

Digitally signed
by ATUL
ATUL
SHANKARRAO
SHANKARRAO SALGAR
SALGAR
Date: 2024.05.14
11:53:39 +0530
Date : 08.05.2024
Dictated on
Transcribed on
HHJ signed on
[A.S. SALGAR]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
(C.R. No.24)
: 08/05/2024
: 09/05/2024
: 10/05/2024
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SIGNED JUDGMENT/ORDER.”
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Room No.)
Date of Pronouncement
JUDGMENT /ORDER
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