Interim Order 1

Order Details: Copy of Bail Order
Pdf Text: CNR No.MHMM16-0169682026
ORDER BELOW BAIL APPLICATION BELOW EXH-4 in C. C. No.963/PW/2026
in C.R. No.398/2026 of Parksite Police Station
Through the application in hand accused Illiyas Isaq Shaikh has
sought for release him on bail. It is contended that he is innocent and falsely
implicated in the offence. The investigation is completed. The chargesheet has
already bee filed. There is no likelihood of absconding or tampering with the
evidence.
2] The Investigating Officer and Ld. APP through say resisted the
application stating therein that prima facie involvement of accused in the
present crime. He is habitual offender. Therefore if he is released, he would
tamper with the evidence and influence the witnesses. Further accused will
abscond and will not be available for trial, if released on bail. Hence, prayed
for rejection of application.
3] Perused the application and say of Ld. APP. Heard the Advocate
for accused and the Ld. APP.
4] It is worth here to mention that the investigation is completed.
Though many offences are registered against the accused, no conviction is
awarded in any of the offence is documented. Therefore at the outset, it is in
such set of facts and circumstance it can said that the accused is not required
for further investigation and keeping him behind the bar would suffice the
purpose. Per contra, imposing conditions would suffice the purpose. It is the
cardinal principle of law that the Bail is a rule and jail is an exception. The
chargesheet is already been filed. Therefore, I am of the opinion that in the
interest of justice and for fair trial, it would be proper to enlarge the present
accused on bail with suitable conditions. Hence, the following order is passed:
ORDER
1) The application is allowed.
2) Accused is enlarged on P. R. and S. B. of Rs.25,000/- (Rs. Twenty Five
Thousand Only) or provisional cash security of Rs.15,000/- (Rs. Fifteen
Thousand Only) for the period of six weeks on the following conditions:-
i) To submit I.D. and address proof.
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ii) Not to involve in similar offence.
iii) To submit details of two blood relatives with their ID address.
iv) He shall not leave the limits of the country without prior
permission of the court.
v) He shall not commit similar offences after releasing on
bail.
Date:24/09/2026 (P. V. Hingne)
Addl. Chief Judicial Magistrate
31st Court, Vikhroli, Mumbai
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