Interim Order 1

Order Details: Copy of Bail Order
Pdf Text: CNR No.MHMM16-0085302026
ORDER BELOW BAIL APPLICATION BELOW EXH-5 in C.C. No.962/PW/2026
in C.R. No.433/2026 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 falsely implicated in
the offence. It is further submitted that accused is earning member of his
family. The chargesheet has already been filed. There is no likelihood of
absconding or tampering with the evidence.
2] The Ld. APP through say resisted the application stating therein
that if the accused is released, he would tamper with the evidence and
influence the witnesses. Further she submitted that 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
and chargesheet has been filed. 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 not serve the purpose at
all. In catena of judgments our Hon’ble Apex Court has taken the view that
once the chargesheet is filed, there is no entity to keep the present accused
behind bar considering the nature of offence. Wherein, in the case in hand as
per my view there is no requirement for the further custody. Herein, no
purpose would be served by keeping the accused behind the bar. 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. 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.15,000/- (Rs. Fifteen
Thousand Only) or provisional cash security of Rs.7,000/- (Rs. Seven
Thousand Only) for the period of six weeks on the following conditions:-
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i) To submit I.D. and address proof.
ii) Not to involve in similar offence.
iii) To submit details of two blood relatives with their ID address.
iv) Accused shall not commit similar offence after releasing on bail.
3) Copy of Bail order be sent to the accused through the Jail
Superintendent.
Date: 24/09/2026 (P. V. Hingne)
Addl. Chief Judicial Magistrate
31st Court, Vikhroli, Mumbai
Pgs/-
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