MHCC020026622024
1
IN THE COURT OF SESSIONS FOR GR. BOMBAY
CRIMINAL BAIL APPLICATION NO. 385 OF 2024
Sayyed Kamar Sayyed Akhtar Hussain
Age 42 years, Occ: Service,
R/at:- 225, Choabe Ki Chawl, Behram
Nagar, Near Dr. Satish Desai, Bandra
(East) Mumbai-4000051
..Applicant/accused
Versus
The State of Maharashtra
At the instance of MRA Marg
Police Station, Mumbai.
(Crime No.317 of 2023)
…Respondent/State
Coram : Dr. Shri S. D. Tawshikar
(Court No. 10)
Heard on : 20.02.2024
Decided on : 20.02.2024
Appearance:
Ld. Adv. Mr. Imran Shaikh for the applicant/accused
Ld APP Shri Ajit Chavan for the respondent/State.
ORDER
(Dictated and pronounced in open court)
This is the first bail application under Section 439 of Code of
Criminal Procedure, 1973 (“CrPC” in short), after filing of charge-sheet, in in
connection with C.R.No. 317 of 2023, registered with MRA Marg Police
Station for an offence punishable under sections 4, 7, 25 of the Arms Act r/w
2
BA 385/2024
sections 37 (1) (a), 135 of the Maharashtra Police Act.
2.

Earlier Bail Application No.109 of 2024, filed before filing of
charge-sheet, came to be withdrawn and disposed of by order dated
25.01.2024. Thereafter, chargesheet came to be filed on 09.02.2024.
3.

Perused application and reply (Exhibit-02) filed by the State. Heard
both sides extensively.
4.

It has been alleged in the prosecution that accused was found
indulged in illegal business of selling arms, i.e. knives of different size, at
public place. It appears that in all 202 (Two hundred and two) arms are sized
by the Police from the possession of present applicant.
5.

Mr. Imran Shaikh learned advocate of applicant/accused submits
that the applicant is behind bars since 15.12.2023. Investigation is completed
and chargesheet is already filed. He submits that all the alleged
arms/weapons are already recovered by the Investigating Officer. Hence,
now there is no point in keeping applicant behind bars. He, thus, prays to
allow the application.
6.

Per contra Mr. Ajit Chavan, the Ld APP, strongly objects application
by filing reply (Exhibit-02). He submits that huge quantity of arms were
possessed by the applicant and were being publicly sold. All the arms came to
be seized from applicant. If applicant is released on bail, he may again
indulge in similar offence and may abscond.
7.

From the record it appears that, the identical offence is registered
against present applicant/accused at Amravati. Vide order dated 18.01.2024
the Additional Sessions Judge, Amravati has release applicant on bail. The
3
BA 385/2024
copy of said bail order is placed on record.
As admittedly, investigation is completed and arms/weapons are
8.

already seized by the Police Officer, I find it is unwarranted to keep applicant
behind bars. Offence is triable by the Learned Metropolitan Magistrate.
However, necessary condition, to see that the applicant does not indulge any
similar offence and does not flee away from trial, necessary conditions needs
to be imposed. Hence, I pass following order.
ORDER
A]
The Criminal Bail Application No. 385 of 2024 is allowed.

B]
The applicant Sayyed Kamar Sayyed Akhtar Hussain be
released on bail in connection with C.R.No. 317 of 2023,
registered with MRA Marg Police Station for an offence punishable
under sections 4, 7, 25 of the Arms Act r/w sections 37 (1) (a),
135 of the Maharashtra Police Act, on his executing P. R. of
Rs.50,000/- (Fifty thousand) along-with one or more sureties
in like amount with the conditions that ;
i)
He 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.

ii)
He 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.

iii)
C]
He shall not commit any criminal act while on bail.

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

D]
The accused to furnish the bail before the Ld. trial court.

4
E]
BA 385/2024
The Bail Application is disposed of accordingly.

Date :20.02.2024
Dictated on
Transcribed on
Corrected on
Singed on
:20.02.2024
:23.02.2024
:24.02.2024 (AOH)
:26.02.2024
(Dr. S. D. Tawshikar)
Additional Sessions Judge,
City Civil Court, Gr. Mumbai
C.R.No.10
5
BA 385/2024
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
26-02-2024 at 02:00p.m
NAME OF STENOGRAPHER
Mr. Gopal N. Sutar
Name of the Judge
(with Court Room No.)
Date of
ORDER
Pronouncement
Dr. S.D. Tawshikar
C.R. No.10
of
JUDGMENT/ 20-02-2024
JUDGMENT/ORDER signed by P. O. on
26-02-2024
JUDGMENT/ORDER uploaded on
26-02-2024