1
MHCC020060392024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 946 OF 2024
Abdul Sattar Shaikh
… Applicant/accused
Vs.
The State of Maharashtra
(Through of Deonar. Police Station vide
C.R. No. 137/2024)
… Respondent/State
Appearance :Mr. Harshad Meshram, Ld. Advocate for Applicant/Accused.
Mrs. Geeta Sharma, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 22ND 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.137/2024 registered
with Deonar. police station for the offence punishable under
Sections 323, 326, 504 of I.P.C.

2.

Applicant/accused submitted that he is innocent and
has been falsely implicated in this crime. Applicant and informant
2
are husband and wife. Injury sustained by complainant is simple in
nature. Investigation is practically completed. No purpose will be
served by keeping applicant behind bar. The applicant is ready to
abide by any terms and conditions imposed by the Court. Hence,
applicant/accused prayed for grant of regular bail in connection
with C.R. 137/2024 registered with Deonar.. police station.
3.

The Investigation officer submitted reply at Exh.2 and
resisted the application on the ground that the complainant and
accused resides in one house and there is danger to the life of
complainant. If bail is granted to applicant/accused then he will
tamper prosecution witnesses. Lastly, investigating officer prayed
for rejection of bail application.
4.

Heard Ld. Adv. Mr. Harshad Meshram for the
applicant/accused
and
Ld.

APP
Ms.

Geeta
Sharma
for
Respondent/State at length.
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. Ld. A.P.P. strongly objected for grant
of bail. I have gone through F.I.R. In F.I.R. the name of
applicant/accused is specifically mentioned. The allegation levelled
against applicant/accused is that he abused and assaulted to
complainant by fist blows and by stone on head and thereby caused
injury to the complainant. It is seen from the reply of investigating
officer that stone was seized from spot. Nothing has been recovered
at the instance of applicant/accused. Hence further detention of
applicant/accused is not required.

3
6.

In present case investigating officer recorded statement
of witnesses, drawn spot panchanama, seized stone under
panchanama and collected medical certificate of complainant.
Practically investigation of crime is completed. Therefore further
detention of accused is not required. Moreover, complainant is
already discharged from hospital and out of danger. Alleged offence
is triable by Ld. Metropolitan Magistrate. The applicant is ready to
abide by any terms and conditions imposed by the Court. The
applicant is permanent resident of Mumbai. He will not abscond.
Therefore, by imposing conditions, he can be released on regular
bail.
7.

Considering the nature of offence and role played by
the applicant/accused in the alleged crime, I am of the view that
the applicant/accused is entitled for grant of regular bail.
Therefore, the bail application needs to be allowed. Hence, I
proceed to pass following order :ORDER
1.

Criminal
Bail
Application
No.946
of
2024
filed
by
Applicant/accused is allowed.
2.

Applicant/accused namely Abdul Sattar Shaikh, resident of Room
No.1344, Survey No.506, Behind Raja Hotel, Opp. to Deonar Gate
No.04, Govandi, Mumbai-43, be released on regular bail on
furnishing P. R. Bond of Rs.25,000/- along with one or more
sureties in like amount in connection with C.R. No.137/2024
registered with Deonar Police Station for the offence punishable
under Sections 323, 326, 504 of I.P.C. on following conditions :(a) The applicant/accused is directed to attend the concerned
police station on every Sunday in between 11:00 a.m. to 01:00
4
noon till filing of the charge-sheet.
(b) The applicant/accused is directed not to commit similar types
of offence.
(c) 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.
(d) 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.
(e) The applicant/accused shall not leave India without prior
permission of Ld.Trial Court.
(f) 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.

5.

Criminal Bail Application No.946 of 2024 stands disposed off
accordingly.

Date : 22.04.2024
Dictated on
Transcribed on
HHJ signed on
: 22/04/2024
: 23/04/2024
: 23/04/2024
[A.S. SALGAR]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
(C.R. No.24)
5
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time
23/04/2024 5.35 p.m.

Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With Court HHJ SHRI. A.S. SALGAR (CR 24)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 22/04/2024
JUDGMENT /ORDER signed by 23/04/2024
P.O. on
JUDGMENT /ORDER uploaded 23/04/2024
on