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MHCC020040762024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 617 OF 2024
Rizwan Mohammed Akhtar Khan
… Applicant/accused
Vs.
The State of Maharashtra
(Through of Deonar Police Station vide
C.R. No. 34/2024)
… Respondent/State
Appearance :Mr. Jabali, Ld. Advocate for Applicant/Accused.
Mr. Sachin Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 19TH MARCH, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application filed by applicant/accused under
Section 439 of the Code of Criminal Procedure, 1973, for releasing
him on regular bail in connection with C.R. No.34/2024 registered
with Deonar police station for the offence punishable under Sections
326, 323, 506, 504 r/w 34 of I.P.C.

2.

Applicant/accused submitted that he is innocent and
has not committed any crime. Applicant/accused submitted that he
has been falsely implicated in this crime. There is delay in lodging
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the F.I.R. The injury sustained by the complainant was not grievous
injury. Weapon has been seized. Co-accused were granted bail.
Hence, principle of parity will attract. No purpose will be served by
keeping applicant behind bar. The applicant is ready to abide by
any terms and conditions imposed by the court. Hence,
applicant/accused prayed for grant of regular bail in connection
with C.R. 34/2024 registered with Deonar. police station.
3.

The Investigation officer submitted reply at Exh.2 and
resisted the application on the ground that if bail is granted to
applicant/accused, then he will put pressure on complainant and
witnesses. He will not remain present before Court if
bail is
granted to him. Lastly, investigating officer prayed for rejection of
bail application.
4.

Heard Ld. Adv. Mr. Jabali for the applicant/accused
and Ld. APP Sachin Patil for Respondent/State.
5.

Perused contents of bail application and say filed by
prosecution. On the basis of the report lodged by informant namely
Mohd. Akhtar Kitabulla Khan, the Deonar police station registered
the C.R. No.34/2024 against accused persons. I have gone through
the F.I.R. The name of applicant/accused is mentioned in F.I.R. As
per F.I.R. the incident occurred on 14.01.2024. F.I.R. lodged on
18.01.2024. There is delay in lodging report. The only allegation
levelled against applicant is that he inflicted blow by means of
bamboo stick on jaw of informant and caused injury. Admittedly
bamboo stick was already recovered. Nothing is remained to be
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seized. Hence, further detention of applicant/accused is not
required.
6.

In present case it appears from the say of investigating
officer that investigating officer recorded statement of witnesses,
drawn spot panchanama, seized weapon. Investigation officer
collected injury certificate. From say of investigating officer it
appears that investigation of crime is practically completed. Hence,
further custody of applicant/accused is not required.
7.

The alleged offence is triable by Ld. Metropolitan
Magistrate. Injured i.e. complainant is already discharged from
hospital and he is out of danger. Applicant/accused is in jail from
22.02.2024. No purpose will be served by keeping applicant behind
bar. It will take time to commence hearing of case. If bail is not
granted to the applicant/accused, then it will amount to pre-trial
conviction. Applicant is permanent resident of Mumbai. He will not
abscond. Hence, by imposing conditions he should be enlarged on
bail. Moreover, other accused Gulzar Ali was granted bail by this
Court. Hence, on the ground of parity applicant is entitled for bail.
8.

It is argued by Ld. A.P.P. that accused is having criminal
antecedent. It is submitted that total 22 crimes are registered
against applicant/accused. It is argued by Ld. A.P.P. that accused is
habitual
offender
and
hence
bail
cannot
be
granted
to
applicant/accused. However, this submission cannot be granted.
Merely because there are other crimes are pending against
applicant/accused, only on that count bail cannot be denied to the
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applicant/accused. Therefore, merely on the ground of criminal
antecedent, bail cannot be refused to the applicant/accused.
9.

In view of aforesaid discussion, I am of the view that as
the investigation of the crime is practically completed, the
applicant/accused is entitled to be released on bail. Therefore,
applicant/accused is entitled for grant of regular bail by imposing
terms and conditions. Hence, application needs to be allowed.
Therefore, I proceed to pass following order :ORDER
1.

Criminal
Bail
Application
No.617
of
2024
filed
by
Applicant/accused is allowed.
2.

Applicant/accused namely Rizwan Mohammed Akhtar Khan,
resident of Govandi, Mumbai-400 043 be released on regular bail
on furnishing P. R. Bond of Rs.40,000/- along with one or more
sureties in like amount in connection with C.R. No. 34/2024
registered with Deonar Police Station for the offence punishable
under Sections 323, 326, 504, 506 r/w 34 of the I.P.C. on
following conditions :(a) The applicant/accused is directed to attend the concerned
police station on every Sunday in between 11:00 a.m. to 01:00
noon till filing of the charge-sheet.
(b) The applicant/accused is directed not to enter into the vicinity
wherein the informant resides.
(c) The applicant/accused and his sureties shall provide their
respective residential addresses, mobile numbers and email
addresses, if any to investigation officer. The applicant/accused
shall intimate any such change in address or telephone number
and Email ID forthwith.

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(d) The applicant/accused should not directly or indirectly make
any inducement, threat or promise to any person acquainted with
facts of case so as to dissuade them from disclosing the facts to
Court or any Police Officer and should not tamper with the
evidence and prosecution witnesses.
(e) The applicant/accused shall not leave India without prior
permission of Ld.Trial Court.
(f) Breach of any conditions by the the applicant/accused, shall
result in cancellation of bail.
3.

Provisional
cash
bail
of
Rs.40,000/-
is
allowed
to
the
applicant/accused for period of 4 weeks to furnish surety from the
date of release.
4.

Bail before Ld. Trial Court.

5.

Criminal Bail Application No.617 of 2024 stands disposed off
accordingly.

Date : 19.03.2024
Dictated on
: 19/03/2024
Transcribed on : 19/03/2024
HHJ signed on : 20/03/2024
[A.S. SALGAR]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
(C.R. No.24)
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
21/03/2024 12.15 p.m.

Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With Court HHJ SHRI. A.S. SALGAR (CR 24)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 19/03/2024
JUDGMENT /ORDER signed by 20/03/2024
P.O. on
JUDGMENT /ORDER uploaded 21/03/2024
on