MHCC020010462022
IN THE SESSIONS COURT FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.206 OF 2022
(CRIME NO.14 OF 2022, V. B. NAGAR POLICE STATION)
CNR No.MHCC02-001046-2022
Shahbaaz Iftekhar Vasi Ansari,
Aged 19 years, Occ. : Student,
Residing at C-2, Haroon Compound,
Near Shalimar Hotel, Kranti Nagar,
Kurla (West), Mumbai – 400 070.
]
]
]
]
]
… Applicant
]
]
]
… Respondent
Vs.
The State of Maharashtra
(At the instance of Vinoba Bhave Nagar
Police Station).
Appearances :Mr. Mohammad Ahmed i/b. M. J. Legal and Associates, Ld. Adv. for
applicant.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.
CORAM : PURUSHOTTAM B. JADHAV,
ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 1st February, 2022.
ORDER
1.
This
is
an
application
for
regular
bail.
The
respondent/State resisted it by filing say at Exh.2. Read the application
and say. Heard both sides. Perused the record.
Addl. Sessions Judge
-2-
2.
After
referring
the
F.I.R.
BA 206/22
and
say
filed
by
the
respondent/State, learned Advocate for the applicant submitted that
offence punishable under Section 304(ii) of the Indian Penal Code is
not at all attracted to the present case. He further submitted that the
F.I.R. is lodged around after six months and there is inordinate delay.
He further submitted that the applicant has not played any role in the
alleged crime. He also submitted that the applicant is 19 years old
student and if he is not released on the bail, he would not able to
appear in his examination, which could spoil his life. He further
submitted that the applicant is a resident of Mumbai, and ready to give
surety and ready to abide any condition imposed by this Court.
3.
Learned A.P.P. submitted that the accused had full
knowledge that if the cement blocks put by them on window would fall
on the boys playing at ground and it would be danger to their lives.
Therefore, according to him, offence under Section 304(ii) of the
Indian Penal Code is clearly attracted. He submitted that the offence is
serious and investigation is still pending. Therefore, according to him,
the application may be rejected.
4.
I considered the rival submissions carefully. According to
the F.I.R., one Nabil Wasim Ahmed Shaikh was swimming in the
parking slot of half constructed building and at that time, the accused
gave push to the cement blocks kept on the window. The cement block
fell on the Nabil and he sustained head injury. He succumbed to the
injury. In the investigation, as stated in the say, it is revealed that
accused Abdulla gave push to the cement block. It is nowhere stated in
the F.I.R. or say that this applicant gave the push. The allegations and
Addl. Sessions Judge
-3-
BA 206/22
say speak volume. It will be premature to observe anything on making
out offence under Section 304(ii) of the Indian Penal Code because the
investigation is still in progress. However, it may be noted that there is
nothing on record to show that the applicant had any role in throwing
down the cement block on the deceased. Moreover, it is not the case
that the applicant would tamper the witnesses or evidence. It is also not
the case that there is any material in support of possibility of his
abscondance. The F.I.R. was registered on 15/01/2022. The applicant is
arrested on 17/01/2022. It shows that the applicant had not tried to
abscond after registration of the offence. The applicant is a student and
young boy of 19 years of age. He is permanent resident of Mumbai.
Considering all these facts and circumstances, I am of the opinion that
it would be just and proper to release him on bail. Accordingly, I pass
the following order :ORDER
1.
Bail Application No.206 of 2022 is hereby allowed.
2.
Applicant Shahbaaz Iftekhar Vasi Ansari in C.R.No.14 of
2022 registered with V. B. Nagar police station for the offence
punishable under Section 304 (ii) r/w. 34 of the Indian Penal Code,
shall be released on bail on executing P.R. bond of Rs.25,000/- with one
or more sureties in the sum aggregating to Rs.25,000/-, and on
following conditions :(a)
He shall not tamper with the witnesses and evidence ;
(b)
He shall furnish his detail address, mobile/contact number,
address proof and identity proof at the time of furnishing bail ;
(c)
In case of change of his residence or mobile/contact
number, he shall inform it to the Court and Investigating Officer ;
(d)
Addl. Sessions Judge
He shall attend the Court regularly ;
-4-
(e)
BA 206/22
He shall co-operate with the Investigating Officer.
3.
Bail shall be furnished before concerned Metropolitan
Magistrate. If the case is committed to this Court, the bail shall be
furnished before this Court.
4.
Bail Application is disposed of accordingly.
Digitally signed
by
PURUSHOTTAM
BHAURAO
JADHAV
Date: 2022.02.02
11:35:52 +0530
Date : 01/02/2022.
( Purushottam B. Jadhav )
ADDL. SESSIONS JUDGE,
CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.
Directly typed on Computer on : 01/02/2022.
Printed on
: 01/02/2022.
Signed on
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME
02/02/2022 at 11.35 a.m.
NAME OF STENOGRAPHER
Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri. Purushottam
Room No.)
Jadhav (Court Room No.22)
Date
of
Pronouncement
JUDGMENT/ORDER
of 01/02/2022.
JUDGMENT/ORDER signed by
P.O. on
02/02/2022.
JUDGMENT/ORDER uploaded on
02/02/2022.
Addl. Sessions Judge
B.