Final Order 1

Order Details: Copy of Bail Order
Pdf Text: ORDER BELOW BAIL APPLICATION NO. 765/BA/2024 IN CONNECTION
WITH CR NO. 279/2011 OF TILAK NAGAR POLICE STATION
1) Accused Rafiq Majid Salmani has moved this application for
praying to release himself on bail under section 437 of the Cr.P.C.
2) Read the application and say filed below it by A.P.P. I. O. failed
to file say though reasonable time is granted.
3) Heard the Ld. Advocate of the accused and Ld. A.P.P.
4) The police leveled charges against the accused of the offence
punishable under Section 326 r/w 34 of the Indian Penal Code. Ld. A.P.P.
has objected this applications on the grounds that the accused persons
have committed the serious offence and there is prima faice evidence
against the accused. It appears that there is an active involvement of
present applicant in this crime. If the accused persons are released on bail
then there is high possibility Rafiq Majid Salmani of abscond and commit
the similar type of crime. Further the accused persons will misuse his
liberty to tamper and hamper the prosecution evidence. The release of the
accused is dangerous for the society, as the accused have committed the
crime against the society. These grounds are not sufficient to reject this
application and by imposing certain conditions it can be secured.
5) It is true that accused is brought on execution of NBW.
However, considering the nature of offence and the reason made out by
the accused and in order to afford one more chance to the accused, I am
inclined to allow the application. However, considering age of the
proceeding the accused should pay the penalty. In the result I proceed to
pass following order.
-: O R D E R :-
1) This application is hereby allowed.
2) Accused Rafiq Majid Salmani be released on bail for executing
P.R. Bond of Rs. 15,000/- and surety for the like amount to
accused subject to condition that, accused should furnish his
residence proof and contact number.
3) The accused is directed to deposit the earlier forfeited bond
amount and the same is precondition for granting him the
bail.
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4) Inform the accused accordingly.
Date :- 22/05/2024
Place:-Vikhroli.
Sd/-.
(A. A. Bhatewara)
Metropolitan Magistrate,
34th Court, Vikhroli, Mumbai.
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