Interim Order 1

Order Details: Bail Order
Pdf Text: C. C. No. 2551 PW 2021 State Vs Badrujama & Ors.
CNR No. MHMM18-006829-2021
ORDER BELOW BAIL APPLICATION NO.4371/2021
1. Perused record. Heard both the sides and victim/injured.
2. The present application is filed under Section 437 of Code of
Criminal Procedure for bail by Accused No.1, Badrujama Nayarebabar
Khan @ Gattu, Accused No.2, Abdul Rahim @ Ravikumar Wanvamalai
Khan and Accused No.5, Azhar Abdulla Sahadulla Qureshi, mainly on the
grounds that allegations are false. No offence punishable under Section
326 of Indian Penal Code made out. Investigation is over. Other accused
persons are already released on bail, etc. Ld. A.P.P. objected to it mainly
on the ground that offence is serious. There is ample evidence against
applicants. Accused/applicants have criminal antecedents. There is
possibility of evidence tampering. Therefore, application shall be rejected.
The informant/victim also appeared with his advocate. He also filed
written objections to the bail and contended that Accused Nos.1 and 2,
have criminal antecedents. There is possibility of tampering. They may
not turned up for trial.
3. Admittedly the offence is registered at belated stage. The whole
record shows that accused persons particularly Accused No.1, have
criminal antecedents and the explanation offered by Ld. A.P.P. needs some
consideration to the effect that due to pressure the offence was lodged at
belated stage. The whole record of investigation after filing of charge
sheet shows that there is no material produced to show that any grievous
hurt is caused. But remaining offences punishable under Section 387 of
Indian Penal Code and provisions of Arms Act, are of non-bailable nature.
4. The reasons assigned if compared with these background aspects
particularly pertaining to antecedents of Accused Nos.1 and 2, it can be
said though investigation is over and some of the accused are released on
bail, such a relief can not be granted to them. Ground of parity is also not
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C. C. No. 2551 PW 2021 State Vs Badrujama & Ors.
CNR No. MHMM18-006829-2021
applicable to them, as the nature of allegations particularly relating to
extortion are different on material aspects.
5. So far as applicant/Accused No.5, is concerned, the allegations are
not much serious. The observations made in previous bail order
particularly relating to nature of offence punishable under Section 326 of
Indian Penal Code, are applicable to him. Considering his period of
detention, fact that investigation is over, reasons assigned in the bail
application and these aspects of merit, he is entitled to parity.
Accordingly, his prayer needs due consideration.
6. In view of above discussed facts and circumstances, following
order :
ORDER
a. Application is partly allowed.
b. Applicant/Accused No.5, Azhar Abdulla Sahadulla Qureshi, is
released on bail, on his furnishing P.B. and S.B. of Rs.15,000/-.
Permission granted to deposit cash security instead of furnishing surety
bond.
c. Accused shall attend police station Dharavi on every alternate day
for next two months, at 11.00 a.m.
d. Accused shall not tamper with prosecution witness in any sense.
e. Application is rejected to the extend of Accused No.1, Badrujama
Nayarebabar Khan @ Gattu and Accused No.2, Abdul Rahim @
Ravikumar Wanvamalai Khan.
MUMBAI (KOMALSING RAJPUT)
DATE – 06.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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