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MHCC020029982024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 439 OF 2024
Gulzar Ali Faiyaz Ali
… Applicant/accused
Vs.
The State of Maharashtra
(Through of Deonar. Police Station vide
C.R. No. 34/2024)
… Respondent/State
Appearance :Mr. Jabali, Ld. Advocate for Applicant/Accused.
Mr. Rakesh Tiwari, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 27TH FEBRUARY, 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.34/2024 registered
with Deonar police station for the offence punishable under
Sections 323, 326, 504, 506 r/w 34 of I.P.C.
2.

The applicant/accused submitted that he is innocent
and has not committed any offence. He has been falsely implicated
in this case. There is delay in lodging the F.I.R. The weapon used in
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crime is already seized from co-accused. The applicant is ready to
abide by any term and condition imposed by the court. Hence,
applicant/accused prayed for grant of regular bail in connection
with C.R. 34/2024 registered with Deonar police station.
3.

The Investigation officer submitted reply at Exh.2 and
resisted the application on the ground that if bail is granted to
applicant/accused, then he will put pressure on complainant and
witnesses. He will not remain present before Court if
bail is
granted to him. Lastly, investigating officer prayed for rejection of
bail application.
4.

Heard Ld. Adv. Mr. Jabali for the applicant/accused
and Ld. APP Rakesh Tiwari for Respondent/State.
5.

On the basis of the report lodged by informant namely
Mohd. Akhtar Kitabulla Khan, the Deonar police station registered
the C.R. No.34/2024 against accused persons. I have gone through
the F.I.R. The name of applicant/accused is mentioned in F.I.R. as
accused
No.3.

The
only
allegation
levelled
against
applicant/accused is that he abused to the complainant and
assaulted him by fist blows. All the allegation in F.I.R. are against
accused Rizwan that he assaulted to the complainant by bamboo
stick on his jaw. There are also allegation that accused Rizwan
assaulted complainant on his legs by bamboo. Applicant/accused
has not assaulted to the complainant on vital parts of body. The
bamboo stick is already recovered on the basis of discovery
statement of accused Rizwan. Nothing has been recovered at the
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instance of applicant/accused. Therefore, his further detention is
not required.
6.

In present case from the say of investigating officer it
revealed that the investigating officer has drawn spot panchanama
and recording statement of witnesses. He also collected medical
papers. So far as applicant/accused is concerned investigation is
completed. The applicant/accused is ready to abide by terms and
conditions. He is permanent resident of Mumbai. He will not
abscond. Alleged offence is triable by Ld. Metropolitan Magistrate.
Hence, by imposing conditions applicant/accused is entitled for
grant of regular bail. Hence, application needs to be allowed.
Therefore, I proceed to pass following order :ORDER
1.

Criminal
Bail
Application
No.439
of
2024
filed
by
Applicant/accused is allowed.
2.

Applicant/accused namely Gulzar Ali Faiyaz Ali, resident of
Baiganwadi Transit Camp, Near Shmashanbhumi, Govandi,
Mumbai-400 043 be released on regular bail on furnishing P. R.
Bond of Rs.40,000/- along with one or more sureties in like
amount in connection with C.R. No. 34/2024 registered with
Deonar Police Station for the offence punishable under Sections
323, 326, 504, 506 r/w 34 of the 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
noon till filing of the charge-sheet.
(b) The applicant/accused is directed not to enter into the vicinity
wherein the informant resides.
(c) The applicant/accused and his sureties shall provide their
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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 this Court.
(f) Breach of any conditions by the the applicant/accused, shall
result in cancellation of bail.
3.

Provisional
cash
bail
of
Rs.40,000/-
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.439 of 2024 stands disposed off
accordingly.

Date : 27.02.2024
Dictated on
: 27/02/2024
Transcribed on : 01/03/2024
HHJ signed on : 01/03/2024
[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
Upload Time
01/03/2024 05.30 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 27/02/2024
JUDGMENT /ORDER signed by 01/03/2024
P.O. on
JUDGMENT /ORDER uploaded 01/03/2024
on