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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.711 OF 2022
CNR NO. MHCC020040672022
1. Rehemat Ali Eensaf Alli Shaikh
Age : 60 years, Occ.: Bakery,
2. Nadim Rehmat Ali Shaikh
Age : 28 years, Occ.:
Both R/at : Room No.27, 1/2 Azad Nagar,
…Applicants/
Zakeriya Bundar, Sewri Road,
Org. Accused Nos.1 and 2
Sewri, Mumbai.
Vs.
The State of Maharashtra
(At the instance of R.A.K. Marg Pol. Stn.)
… Respondent
Appearances :
Mr. Nawaz Usmani, Ld. Advocate for the Applicants/Accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
Mr. Manoj Tiwari, Ld. Advocate for the Intervener.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI B.V. WAGH
(C.R. NO.24)
TH
DATED : 18 APRIL, 2022.
(ORAL ORDER)
Dictated and pronounced in the open Court)
Applicants/accused seek their release on bail under Section
439 of Cr. P.C. in connection with C. R. No. 73/2022 registered with
R.A.K. Marg Police station for the offence punishable under Sections
307, 324, 504, 506, 34 of Indian Penal Code.
2.
The prosecution allegation reveals that on 10.03.2022
informant went to police station and lodged complaint against the
applicants/accused for abusing and threatening him. Thereafter,
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informant was proceeding towards home. At around 9.00 p.m.
informant reached in front of Azad Hotel, T.J. Road, Sewree,
applicants/accused waylaid him and hurled abuses. On instigation of
applicant No.1, his sons applicant No.2 caught hold the informant and
and accused No.3 inflicted knife blow on his chest and abdomen.
Thereafter, they flee away from the spot. The informant was rushed to
the Sion hospital. On the basis of aforesaid information, the Crime is
registered for the offence under Sections 324, 504, 506, 34 of IPC.
Considering the gravity of offence, on 23.03.2022 Section 307 of IPC
was added.
3.
Heard argument advanced by the both the parties and
perused the investigation papers.
4.
On going through investigation papers, it appears that the
instant crime occurred due to filing of complaint by the informant.
During the assault, the injured sustained two grievous injuries. The
investigation papers shows the presence of the eye witnesses at the
spot. The Ld. prosecutor submits that the statement of eye witnesses are
remained to be recorded. Accused and witnesses are from same locality.
The Ld. Advocate for the applicant urged that applicant No.1 is old age
person and suffering from heart disease.
5.
In the given case the incident has occurred on 10.03.2022.
The applicants were arrested on 23.03.2022. The investigation in the
case is only in its initial process. The investigator has just started the
process of investigation and yet statements of the material witnesses are
to be recorded. This is to mean that the investigation is in midway. That
apart, the accused and the informant are close relatives. So in order to
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enable investigating officer to proceed ahead with an unimpeded probe,
release of the applicants at this stage would affect the investigation.
Thus, this Court is not inclined to enlarge the applicants on bail at this
stage. Hence, the following order:
ORDER
1.
Criminal Bail Application No. 711 of 2022 is rejected.
2.
Criminal Bail Application No. 711 of 2022 stands disposed of
accordingly.
Date : 18.04.2022
Dictated on
: 18.04.2022
Transcribed on : 18.04.2022
HHJ signed on : 18.04.2022
[B.V. WAGH]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
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