B.A. 624/2022
..1..
Order
MHCC020036132022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 624 OF 2022
( CNR NO.: MHCC020036132022 )
Shoaib Moharamali Mirza Baig,
Age: 30 years, Occ:
Address.: Plot No. 41/M/02,
Road No. 6, Shivani Nagar,
Govandi, Mumbai – 400 043.
..Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of Shivaji Nagar P.Stn.
Vide C.R. No.90/2022)
…Respondents/State.
Appearance:
Mr. Parikshit h/f Adv Munde, Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 13/04/2022.
ORDER
1.
This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Shoaib Moharmali Mirza Baig, in crime No.90/2022
under sections 307, 353 and 333 of IPC with sections 142, 37(1)(A),
135 of Maharashtra Police Act registered at police station Shivaji Nagar,
Mumbai.
B.A. 624/2022
2.
..2..
Order
Mr. Amit Munde advocate for accused has submitted that accused
is innocent and he has not committed any crime. False crime is
registered against the accused. The ingredients of section 307 of IPC do
not attract. Accused is ready to abide by the conditions imposed by the
Court. He prayed to release the accused on bail.
3.
Mr. Siroya ld. A.P.P. for the State has submitted that offence is
serious. Investigation is in progress. If the accused is released on bail,
then he will abscond. He prayed to reject the application.
4.
I have perused the FIR and say of prosecution.
Accused is
externed from Mumbai. However, he was found in Mumbai.
Complainant Dilip Sargar is serving as a Police Naik and attached in
AntiGunda Scod.
While he was taking action against the accused,
accused assaulted him by knife and he sustained injuries. It appears
that accused being externed from Mumbai, entered into Mumbai and
prevented complainant, a public servant while discharging his duty and
intentionally assaulted him by knife.
The offence is serious.
Investigation is in progress. Hence, considering the nature of offence, I
find that the accused is not entitled for bail. Hence, following order :
ORDER
Bail Application No.624/2022 is hereby rejected and disposed of
accordingly.
GIRISH
BALKRISHNA
GURAO
Digitally signed
by GIRISH
BALKRISHNA
GURAO
Date: 2022.04.20
13:37:05 +0530
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Direct Typed on
Date of sign
: 19.04.2022.
: 19.04.2022
B.A. 624/2022
..3..
Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
20.04.2022.
UPLOAD DATE AND TIME
Mrs. P.R.Wagh
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.17)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
13.04.2022
Order signed by P.O. on
19.04.2022.
order uploaded on
20.04.2022.