Mohd Tayyab Mohd Aslam Shaikh Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 694 of 2022

MHCC020039752022
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.694 OF 2022
(CRIME NO.121 OF 2022, MAHIM POLICE STATION)
CNR No.MHCC02-003975-2022
Mohd. Tayyab Mohd. Aslam Shaikh,
Age : 21 years, Occ. : Service,
R/o. : Near B.M.C. School No.4,
Plot No.27/D/2, Sanjay Nagar No.2,
Baiganwadi, Govandi, Mumbai–400 043.

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… Applicant/
Accused
Vs.
The State of Maharashtra,
Through Mahim police station.

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… Respondent
Appearances :Mr. Ashutosh Shukla, Ld. Adv. for applicant.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.
CORAM : PURUSHOTTAM B. JADHAV,
ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 8th April, 2022.
ORDER
1.

This
is
an
application
for
regular
bail.

The
respondent/State resisted it by filing say at Exh.2. Read the application
and say. Heard both sides. Perused the record.
Addl. Sessions Judge
-2-
2.

BA 694/22
Offence punishable under Sections 279, 336, 186, 353 of
the Indian Penal Code and Sections 184, 4 r/w. 122 of the Motor
Vehicles Act came to be registered against the applicant. He is arrested
immediately after registration of crime on 23/03/2022. Offence under
Section 353 of the Indian Penal Code is the only offence which is nonbailable. Learned A.P.P. submitted that there is possibility of repetition
of offence and tampering of witnesses. It may be noted that the
applicant has no criminal antecedent. He is resident of Mumbai.
Considering all these facts, in my opinion, the bail conditions would
take the care of apprehension expressed by learned A.P.P. Therefore, it
would be just and proper to release the applicant on conditional bail.
Accordingly, I pass the following order :ORDER
1.

Bail Application No.694 of 2022 is hereby allowed.

2.
Applicant Mohd. Tayyab Mohd. Aslam Shaikh in
C.R.No.121 of 2022 registered with Mahim police station for the
offence punishable under Sections 279, 336, 186, 353 of the Indian
Penal Code and Sections 184, 4 r/w. 122 of the Motor Vehicles Act,
shall be released on bail on executing P.R. bond of Rs.15,000/- with one
surety in the like amount, and on following conditions :(a)
He shall not tamper with the witnesses and evidence ;
(b)
He shall furnish his detail address, mobile/contact number,
address proof and identity proof at the time of furnishing bail ;
(c)
In case of change of his residence or mobile/contact
number, he shall inform it to the Court and Investigating Officer ;
(d)
He shall attend the Court regularly ;
(e)
He shall co-operate with the Investigating Officer ;
Addl. Sessions Judge
-3-
BA 694/22
(f)
He shall attend the concerned police station on every
Monday and Wednesday between 9.00 a.m. to 11.00 a.m. till filing of
the charge-sheet.
3.
Bail shall be furnished before concerned Metropolitan
Magistrate. If the case is committed to this Court, the bail shall be
furnished before this Court.
4.

Bail Application is disposed of accordingly.
Digitally signed
by
PURUSHOTTAM
BHAURAO
JADHAV
Date:
2022.04.16
12:09:11 +0530
Date : 08/04/2022.

( Purushottam B. Jadhav )
ADDL. SESSIONS JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.

Directly typed on Computer on : 08/04/2022.
Printed on
: 13/04/2022.
Signed on
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
16/04/2022 at 12.10 p.m.

NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri. Purushottam
Room No.)
Jadhav (Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 08/04/2022.

JUDGMENT/ORDER signed by
P.O. on
16/04/2022.

JUDGMENT/ORDER uploaded on
16/04/2022.

Addl. Sessions Judge
B.