MHCC020056602024
1
IN THE COURT OF SESSIONS FOR GR. BOMBAY
Criminal Bail Application No.887 of 2024
Rahil Anwar Shaikh
Age 20 years,
R/o 37, Shreeji Chamber, 2nd floor,
Kavasji Street, Fort, Mumbai 400001
..Applicant/accused No.2
Versus
The State of Maharashtra
Through M. R. A. Marg Police
Station, Mumbai.
(In C.R.No.02/2024)
…Respondent/State
Coram : DR. Shri S. D. Tawshikar
(Court No. 10)
Heard on : 10.04.2024
Decided on : 10.04.2024
Appearance:
Ld. Adv. Ms. Munira Palanpurwala for the applicant/accused No.2
Addl. P.P. Mr. Ajit Chavan for State.
ORDER
(Dictated and pronounced in open court)
This is the second bail application filed under Section 439 of
Code of Criminal Procedure, 1973 (“CrPC” in short) before filing of
charge-sheet in connection with C.R. No. 02 of 2024, registered with M. R. A.
Marg Police Station, Mumbai for the offences punishable under Sections 307,
323, 504 r/w 34 of the Indian Penal Code (“IPC” in short).
2.

Perused application and reply (Exhibit-02) filed by the State.

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Cri.B.A.887-2024
3.

Heard both sides.

4.

It has been alleged that on 02.01.2024 at about 09:30p.m.

applicant and his father namely Anwar Shaikh have assaulted informant and
his brother namely Hansaraj Ramkumar Yadav (injured). It is alleged that
co-accused Rahil assaulted Hansaraj at abdomen by using knife with
intention to kill him. Accordingly, FIR came to be registered on next morning
at 09:13 a.m. against present applicant and his father.
5.

Vide order dated 26.02.2024 in Criminal Bail Application No.376
of 2024 this Court has refused bail to the applicant before filing of chargesheet. In Paragraph No.8 this Court has observed as under:-
8. No doubt that co-accused i.e. father of applicant is
released on bail by this Court, however role attributed to
present applicant is quite different. Applicant is assailant.
Hence, he cannot claim bail on ground of parity.
Admittedly, the injured Hansaraj has suffered grievous
injury, owing to stab given by applicant on his abdomen
and investigation is not yet completed. Therefore, in my
view there is strong prima facie case against applicant, I
am not inclined to grant bail at this stage. Hence, I pass
following order.
6.

No doubt that present applicant is assailant who caused grievous
injury to informant, however it appears that informant came to be
discharged, after due treatment. Now investigation is completed and
chargesheet is filed. Though there are eye-witness to the incident,
considering the fact that applicant/accused came to arrested on 03.01.2024,
and since then he is behind the bars, I find that further detention of applicant
is unwarranted. Considering the pendency of UTP cases before this court, it
would take quite long time to commence and conclude the trial. Hence, bail
application deserves to allow subject to certain conditions.

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Cri.B.A.887-2024
Hence, I pass following order.

7.

ORDER
A]
The Criminal Bail Application No. 887 of 2024 is allowed.

B]
The applicant Rahil Anwar Shaikh be released on bail in
connection with C.R.No. 02 of 2024, registered with M. R. A.
Marg Police Station, Mumbai for the offences punishable under
Sections 307, 323, 504 r/w 34 of the Indian Penal Code, on his
executing P.R. of Rs.25,000/- (Twenty five thousand only)
along-with one surety in like amount on following conditionsi)
Applicant shall not tamper with the evidence of prosecution.

ii)
Applicant 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 tamper with the evidence.

iii)
Applicant shall furnish two documents as to proof of his
residence with his active phone number to the concerned
police station within 7 days after his release from the jail.

iv)
C]
Applicant shall not commit any criminal act while on bail.

Breach of any condition shall entail the consequences of
cancellation of the bail.

D]
The Bail Application is disposed of accordingly.
SWAPNIL
DINKARRAO
TAWSHIKAR
Date : 10-04-2024
Digitally signed by
SWAPNIL
DINKARRAO
TAWSHIKAR
Date: 2024.04.15
14:42:52 +0530
(Dr. S. D. Tawshikar)
Additional Sessions Judge,
City Civil Court, Gr. Mumbai
C.R.No.10
Dictated on
: 10-04-2024
Transcribed on
: 12-04-2024
(Dated 11.04.2024, 13.04.2024 and 14.04.2024 are public holiday)
Corrected on
: 12-04-2024 (AOH)
Signed on
: 15-04-2024
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Cri.B.A.887-2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
10-04-2024 at 02:40p.m.

NAME OF STENOGRAPHER
Mr. G. N. Sutar
Name of the Judge
(with Court Room No.)
Date of
ORDER
Pronouncement
Dr. S.D. Tawshikar
C.R. No.10
of
JUDGMENT/ 10-04-2024
JUDGMENT/ORDER signed by P. O. on
15-04-2024
JUDGMENT/ORDER uploaded on
15-04-2024