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MHCC020058762024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 936 OF 2024
Arbaz Asif Khan
… Applicant/accused
Vs.

The State of Maharashtra
(Through of Deonar Police Station vide
C.R. No. 254/2024)
… Respondent/State
Appearance :Ms. Feroza Shaikh, Ld. Advocates 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 : 18TH 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.254/2024 registered
with Deonar. police station for the offence punishable under
Sections 307, 506(2), 323, 143, 144, 147, 148 r/w 149 of I.P.C. and
Sections 37 (1) r/w 135 of Maharashtra Police Act.

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2.

The applicant/accused submitted that he is innocent.

He has been falsely implicated in this offence. Applicant had lodged
complaint against complainant and his persons on the same day.
Applicant is in custody from 4.03.2024. Primary investigation is
completed. There are no criminal antecedent against him. Applicant
is ready to abide any terms and conditions imposed by the Court.
Hence, applicant/accused prayed for grant of regular bail in
connection with C.R. No.254/2024 registered with Deonar. police
station.
3.

Investigating officer submitted the say at Exh.02 and
resisted bail application on the ground that the name of
applicant/accused is appearing in F.I.R. Offence is serious in nature.
The accused used deadly weapons and created terror in area.
Investigation is in progress. Lastly, investigating officer prayed for
rejection of bail application.
4.

Heard
Ld.

Adv.

Ms.

Feroza
Shaikh
for
the
applicant/accused and Ld. APP Sachin Patil for Respondent/State.
5.

Perused the contents of the application and say filed by
investigating officer. Accused prayed for releasing him on bail. In
this case name of applicant/accused is mentioned in F.I.R. In F.I.R.
only allegation made against applicant/accused is that he alongwith
other accused assaulted to witness Tushar by fist and kick blow.
There are no allegation in F.I.R. that applicant/accused assaulted to
complainant and witness by any weapon. His role is to the extent of
assault by fist and kick blow. He has not used any weapon. Nothing
has been recovered from him. There are no allegation against
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applicant/accused that he attempted to kill informant and witness.
His role is limited one. All serious allegations are against principal
accused Yasin Khan, Shafik and others. There are no serious
allegation against applicant/accused.
6.

In present case accused is in jail from 04.03.2024.

Nothing
has
been
applicant/accused
is
recovered
at
his
concerned
instance.

investigation
So
is
far
as
practically
completed. No purpose will be served by keeping applicant behind
bar. It will take time to commence hearing of case. If bail is not
granted to the applicant/accused then it will amount to pre-trial
conviction. Applicant/accused is permanent resident of Mumbai. He
will not abscond. He is not having criminal antecedent. He is ready
and willing to abide any terms and conditions imposed by Court.
Therefore, applicant/accused is entitled for grant of regular bail on
conditions. Therefore, bail application needs to be allowed. Hence,
I proceed to pass following order :ORDER
1.

Criminal
Bail
Application
No.936
of
2024
filed
by
Applicant/accused is allowed.
2.

Applicant/accused namely Arbaz Asif Khan resident of Dr.
Zakir Hussain Nagar, Room No. T.S. 135, G.M. Link Road,
Damping Ground, Govandi West, Mumbai be released on
regular bail on furnishing P. R. Bond of Rs.25,000/- along
with one or two sureties in like amount in connection with
C.R. No.254/2024 registered with Deonar Police Station for
the offence punishable under Sections 307, 506(2), 323, 143,
144, 147, 148 r/w 149 of I.P.C. and Sections 37 (1) r/w 135
of Maharashtra Police Act on following conditions :-
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(a) The applicant/accused is directed to attend the concerned
police station on every Sunday between 10.00 a.m. to 12.00
noon till filing of 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. Session 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.936 of 2024 stands disposed off
accordingly.

Date : 18.04.2024
ATUL
SHANKARRAO
SALGAR
Digitally signed
by ATUL
SHANKARRAO
SALGAR
Date: 2024.04.18
16:23:00 +0530
[A.S. SALGAR]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
(C.R. No.24)
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Dictated on
: 18.04.2024
Transcribed on : 18.04.2024
Signed on
: 18.04.2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
18.04.2024
Upload Time
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4.30 p.m.

Prajwala V. Phodkar
Name of the Judge (With Court HHJ SHRI. A.S. SALGAR (CR 24)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 18.04.2024
JUDGMENT /ORDER signed by 18.04.2024
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JUDGMENT /ORDER uploaded 18.04.2024
on