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MHCC020062232024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1004 OF 2024
Rahmatullah Shamtullah Choudhary
Aged – 55 years, Occ. Business,
R/at : Lohar Chawl, 2nd Galli,
Near Congress Office, Mandala,
Mankhurd, Mumbai 43.

…Applicant/accused
Vs.
The State of Maharashtra
(Through Shivaji Nagar
Police Station, Mumbai)
…Respondent
Appearance :Mr. Mohsin Khan, Ld. Advocate for the Applicant.
Mr. J. N. Suryawanshi, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.22)
DATED : 19th April, 2024.
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application under Section 439 of Cr. P.C. Heard
Ld. Advocate for applicant and Ld. APP for the State. Perused the
application, say and documents on record.
2.

Ld. Advocate for the applicant submitted that police
arrested applicant in connection with C.R. No.283/24 for the offence
punishable under Sections 307, 326, 324,323, 504, 506(2), 143, 147,
148, 149 of IPC alongwith 4, 25 of Arms Act, 1959 and Section 37(1)
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(a), 135 of Maharashtra police Act against applicants. It is further
contention of applicant that, he is falsely implicated in this case. Name
of applicant is not mentioned in FIR. Though informant knows him.
During investigation there nothing is recovered and discovered from the
present applicant. Nothing is to be seized at the instance of applicant in
further also. It is contention of applicant that, applicant is ready to
co-operate with police. He is permanent resident of Mumbai. Applicant
is reputed persons in the society. Applicant is ready to abide any terms
and
conditions
by
imposing
this
Court.

Therefore,
custodial
interrogations of applicant is not necessary. Hence, he prayed for grant
of bail.
3.

Ld. APP and investigating officer opposed application. It is
their contention that nature of offences is serious, there are specific
allegations about assault by sward. Applicant Meraj Alam and other
applicants are assaulted informant and Sadik by sward and assaulted
Mehtab Shaikh by iron rod. There is recovery of weapon. 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 as per
allegation in FIR, It is alleged by the informant that on 02.04.2024 at
about 7.30 pm in front of informant’s shop, communication was going
in between informant and Mubin Khan with Javed Sayyad, Hanif
Shaikh. At that time Aaftab Alam came there and started abusing and
assaulting to the Mubin Khan at this movement Mubin Khan tried to
saved himself and his brothers Meraj Alam, Shahjad Alam came on the
spot with wooden bamboo, Naseem came with sword with him on the
spot and he started abusing to Mubin Khan. At that time informant and
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other persons tried to convenience them. Mubin Khan was afraid and he
runaway into a Galli, behind him Meraj Alam had ran with wooden
bamboo and Naseem with sword. At that time Sadik Sayyed tried to
stopped Meraj but Meraj pushed him and Naseem assaulted on the head
of the Sadik with his sward and Shahzad assaulted with bamboo and
also assaulted the informant on his right hand. Thereafter, Abdullah
Khan came there and assaulted with iron road on the head of the
Mehtab Shaikh. The alleged weapon is seized by police during
investigation.

No specific role of applicant is stated in FIR by the
informant. There are no specific allegations of assault to injured by the
applicant. Informant/injured is out of danger and discharged from
Hospital. In such circumstance nothing is to be seized at the instance of
applicant. In such circumstance, I am of the opinion that there is no
need to further detention of applicant. Applicant may be directed to
appear before investigating officer during course of investigation and
co-operate.

In view of apprehension of tampering of evidence,
applicant may be directed to appear before investigation officer
regularly till the investigation is completed. With such directions and
other conditions, applicant may be released on bail. Therefore, I pass
the following order :ORDER
1.

Criminal Bail Application No. 1004 of 2024 is allowed.

2.

Applicant/accused
Rahmatullah
Shamtullah
Choudhary
be
released on bail on furnishing P.R. & S.B. of Rs.25,000/- along
with one or more sureties in the like amount in connection with
C.R. No.283/2024 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
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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.

Criminal Bail Application No.1004 of 2024 stands disposed of
accordingly.

Date : 19.04.2024
Digitally
signed by
AJAY ANIL
KULKARNI
Date:
2024.04.22
14:44:43
+0530
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
Directly dictated on computer on : 19.04.2024
HHJ signed on
: 20.04.2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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Mrs. Manasi M. Kadam
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Date of Pronouncement
JUDGMENT /ORDER
HHJ SHRI. A.A. KULKARNI (CR 22)
of
19.04.2024
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