MHCC020019982024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 282 OF 2024
Mohd. Sabir Khan Mohd. Kuddus Khan
Age : 20, Occ. Driver,
R/at : Kamala Raman Nagar,
Near IddGahMaidnan,
Behind Sai Baba Mandir, Shivaji Nagar,
Govandi, Mumbai 43.

… Applicant/
Org. Accused
Vs.
The State of Maharashtra,
(At the instance of Shivaji Nagar police
station, Mumbai).

… Respondent/
Org. Complainant
Appearances :Mr. Zoeb Shaikh, Ld. Adv. for applicant/accused.
Mr. Ramesh Siroya, Ld. A.P.P. for respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
DATED : 21st February, 2024.
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Heard learned Advocate for the applicant
-2-
BA-282/2024
and learned A.P.P. for the respondent/State. Perused the documents on
record.
2.

It is contention of applicant that he is arrested by Shivaji
Nagar police station on execution of non-bailable warrant issued by
court in case C. C. No. 1388/PW/2020 (Crime No. 19/2020) for the
offences punishable under Sections 307, 323, 504, 506, 506(2) r/w 34
of IPC and Sections 37(1)(a), 135 of Maharashtra Police Act pending
before Ld. Metropolitan Magistrate, 57 th Court, Kurla, Mumbai.

There
is no need of custodial interrogation of applicant. Applicant is ready to
appear before Ld. Trial Court for the purpose of trial. Hence, prayed for
grant of bail.
3.

The Ld. APP and IO opposed the application. It is their
contention that if applicant is released on bail he will abscond.
Therefore, prayed for rejection of application.
4.

In view of submissions from both sides, it is clear that
investigation of case is completed and charge-sheet is filed. Nothing is
to be seized at the instance of applicant. Applicant is arrested on
execution of non-bailable warrant issued by the court. Earlier he was
released on bail by the court. Therefore, further custody of applicant is
not required. Applicant can not be detain as punishment before the
trial. Therefore, I am of the opinion that, by imposing condition
applicant may be released on bail. Hence, I pass following order :ORDER
1.

Criminal Bail Application No.282 of 2024 is allowed.

2.

Applicant/accused Mohd. Sabir Khan Mohd. Kuddus Khan be
-3-
BA-282/2024
released on bail on furnishing fresh P.R. & S.B. of Rs.25,000/along with one or more sureties in the like amount and cash
surety of Rs. 10,000/- (Rupees Ten Thousand only) in connection
with C.R. No.19/2020 registered with Shivaji Nagar police
station.
3.

Applicant/accused shall attend Shivaji Nagar Police Station,
Mumbai, as and when required by Investigating Officer on notice.

4.

Applicant/accused shall furnish his residential address proof
and contact numbers to Investigating Officer.

5.

Applicant/accused shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.

6.

Applicant/accused shall not leave India without previous
permission of the Court.

7.

Bail before learned Court below.

8.

Provisional cash bail is allowed for eight weeks.

9.

Criminal Bail Application No.282 of 2024 stands disposed of
accordingly.

Date : 21.02.2024
Directly dictated on computer on : 21.02.2024
HHJ signed on
: 21.02.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
-4-
BA-282/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
21.02.2024
5.30 p.m.

Order is prepared by Presiding Officer
Name of the Judge (With Court
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
HHJ SHRI. A.A. KULKARNI (CR 22)
of
21.02.2024
JUDGMENT /ORDER signed by
P.O. on
21.02.2024
JUDGMENT /ORDER uploaded
on
21.02.2024