Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 54 PW 2022 State Vs Omar and Ors.
CNR MHMM18-000158-2022
ORDER BELOW BAIL APPLICATION NO.92/2022
1. Perused record. Heard both the sides.
2. The present application is filed under Section 437 of Code of
Criminal Procedure for bail mainly on the ground that accused is
innocent. The investigation is over and charge sheet already filed. There is
no material found against accused during investigation and no specific
role is alleged. Accused is in custody since long. He is ready to remain
abide by the conditions, therefore, he shall be released on bail.
3. Ld. A.P.P. submitted that the accusations are well founded and
sufficient material produced with charge sheet. Offence is triable by court
of Session, therefore, application shall be rejected.
4. First Information Report shows that Accused No.1, Mohd. Omar,
arrived with his wife, Accused No.2, Sultana Omar Shaikh, at the spot of
incidence and quarreled with her. Then they assaulted and threatened to
the informant. Later on the Accused No.1, again went there and
threatened informant. At that time the present applicant i.e. Accused No.3,
Francis Govind Jungale, was accompanied Accused No.1, Mohd. Omar.
Thus, the main role of causing assault and threat to informant, a public
servant, is attributed to Accused Nos.1 and 2. Their attributed no role to
present applicant/Accused No.3, Francis Jungale. It is alleged that he has
just accompanied main accused Mohd. Omar and that too after 15
minutes of main incidence.
5. The charge sheet filed in pursuance of investigation of facts
contained in First Information Report reflects same thing. There found no
incriminating acts alleged against present accused/applicant.
6. The main accused persons i.e. Accused No.1, Mohd. Omar and his
wife, Accused No.2, Sultana Omar Shaikh, are already on bail.
Investigation is over and charge sheet already filed. Accused is resident of
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C. C. No. 54 PW 2022 State Vs Omar and Ors.
CNR MHMM18-000158-2022
Dharavi, Mumbai, and ready to remain abide by the conditions, if any,
imposed. He is in custody since his arrest i.e. from 12.11.2021, till date.
He seems to be very poor and there are dependents on him. Present
pandemic situation also deserves consideration.
7. The other accused persons are already on bail. The above discussed
aspects of the matter reflect that this applicant is also entitled to bail.
Rejecting the application and compelling him to approach higher court for
bail is nothing but empty formality resulting in his additional detention
for no fault on his part. On this ground also the accused deserves parity
and consequent bail.
8. So far as another objection of Ld. A.P.P. is concerned, it is
contended that offence is triable by Court of Session, it is necessary to
mention that the Code of Criminal Procedure draws distinction between
nature of offences only for the purpose of trial and not for inquiry
contemplated under Chapter 33, i.e. provisions relating to bail. Section
437 does not make any such distinction and restricts jurisdiction of this
Court to grant bail in case of offences triable by Court of Sessions. There
are certain restrictions are laid down to consider bail plea in respect of
offences punishable either with imprisonment for life or death penalty.
However, the present offence though triable by Court of Sessions
punishable only upto 5 years of imprisonment. As there are no restrictions
under Section 437 for considering prayer of bail in this matter. Therefore,
application can be entertained and decided.
9. In view of above discussed facts and circumstances, the application
needs to be allowed and hence, following order :
ORDER
a. Application is allowed. Accused is released on bail on his
furnishing P.B. and S.B. of Rs.15,000/-.
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C. C. No. 54 PW 2022 State Vs Omar and Ors.
CNR MHMM18-000158-2022
b. Permission granted to deposit cash surety provisionally instead of
furnishing surety bond for a period of four weeks.
c. Accused person shall furnish his detail address, address of surety
and proof thereof.
MUMBAI (KOMALSING RAJPUT)
DATE – 12.01.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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