MHCC020040202024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 603 OF 2024
Ismail Shaikh
Age : 35, Occ. Labour,
R/at : Gali No.3, Road No.3,
Next to Riddhi Siddhi Medical,
Shivneri Fort, Ekta Nagar,
Mankhurd, Mumbai,
… Applicant/
Org. Accused
Vs.
1. The Sr. Police Inspector
(Mankhurd Police Station)
2. The State of Maharashtra,
(At the instance of Mankhurd
police station, Mumbai).

… Respondents/
Org. Complainant
Appearances :Mr. Sharif Shaikh, Ld. Adv. for applicant/accused.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
DATED : 01st April, 2024.
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Heard learned Advocate for the applicant
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and learned A.P.P. for the respondent/State. Perused the documents on
record.
2.

Ld. Advocate for the applicant submitted that police
arrested applicant in connection with Crime No.40/2024 registered by
Mankhurd Police Station for the offence punishable under Sections 307,
504, 506(ii) of the Indian Penal Code and under Section 37(1)(a), 135
of Bombay Police Act, 1959. It is further contended that, applicant is
innocent and he is falsely implicated in this case. Applicant has not
assigns any role in the alleged offence. In view of such allegations there
are no allegations against applicant of having assaulted informant with
intention to commit offence under Section 307 of Cr.P.C Nothing is
seized at the instance of applicant. In such circumstances, there is no
further need of detention of the applicant. Hence, prayed for grant of
bail.
3.

Ld. APP and investigating officer opposed the application
on the ground that applicant and other accused have assaulted
informed by deadly weapon like sword and caused injury. Applicant is
having criminal antecedents. Applicant absconded since incident
occurred. If applicant is released on bail there is possibility of tempering
of evidence of prosecution. Hence, prayed for rejection of application.
4.

In view of submissions from both sides and on perusal of
the allegation in first information report it reveals that, informant is a
vice president of Republic Party of India (Athavale Group) of North
Mumbai. He known persons namely Ashfak Khan alias Babbu, Rashid
Jagga, Faisal Siddiqui alias Nagori, Ismail Ibrahim Shaikh who are
involved in Narcotics Drug, Tobacco like business. Since last 7 years he
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is trying to make them understand not to sell or encourage contraband
articles in the area but they adamant and gave threat to him. On
08.02.2024 at about 10.00 pm informant and his friend alongwith other
8 to 10 friends went to the religious program at that time the aforesaid
persons were present and they used unparliamentary language against
him. After attending the religious program the complainant along with
his friends was proceeding towards their house at about 10.10 pm at
that time accused Ashfak Khan alias Babbu assaulted
informant by
sword on his back side of the head. Due to which informant fell down
and at that time accused Rashid Jagga, Faisal Siddiqi alongwith
applicant assaulted informant by bamboo. Due to the said assault he
sustained injury on his shoulder, leg and head. Thereafter, the
informant’s friends took the informant to the Shatabdi hospital and
shifted to J. J. hospital for treatment. Investigation is in preliminary
stage. All accused are yet not arrested. In such circumstance, I am of the
opinion that taking into consideration nature of offence proper
opportunity is required to be given to the prosecution for the purpose of
investigation.

Presence
of
applicant
may
be
required
during
investigation for the purpose of further investigation. Hence, application
is filed by applicant at this stage is not tenable. Therefore, I pass
following order.
ORDER
Criminal Bail Application No. 603 of 2024 is rejected and disposed of
accordingly.

Date : 01.04.2024
Directly dictated on computer on : 01.04.2024
HHJ signed on
: 01.04.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
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SIGNED JUDGMENT/ORDER.”
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