Interim Order 2

Order Details: Order Below EX 1
Pdf Text: C. C. No. 2382 PW 2022 State Vs Altaf and ors.
CNR No.MHMM18-0012608-2022
ORDER BELOW EXH.7
(Discharge Application)
1. Perused record. Heard both the sides.
2. The present application is filed under Section 239 of Code of
Criminal Procedure, for discharge mainly on the grounds that the
incidence took place on 29.12.2021 and medical certificate produced is of
12.03.2022. Informant himself is having criminal antecedents. Except
statements of interested witnesses. There is no evidence. The evidence
produced is not enough, therefore, accused/applicant Mr. Rishikesh
Arvind Kadam @ Sunny Kadam, shall be acquitted.
3. Ld. A.P.P. submitted that there is enough material on record and
accused can not be discharged. Submissions of both the parties are in tune
with their respective contentions.
4. The summary of the allegations is that informant and his friend
were having liquor at Dharavi, Mumbai. All the accused persons had been
there. One of the accused demanded the scooter of informant. On refusal
feeling annoyed, all the accused persons assaulted informant and his
friend with bamboo sticks, etc. and also threatened.
5. The name of the accused/applicant is specifically mentioned in the
First Information Report and specific role is attributed to him. The
statements of other witnesses also shows his involvement in the alleged
act. On the basis of material produced there found connection of the
accused with the alleged act and reasonable apprehension of his
involvement can be drawn.
6. The law is well settled. If the final report/charge sheet is even if
accepted by accused as it is and if no conviction is warranted accused can
be discharged. If this test is applied to the present matter, as observed
above there found reasonable apprehension of the involvement of the
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C. C. No. 2382 PW 2022 State Vs Altaf and ors.
CNR No.MHMM18-0012608-2022
accused in the allegations. The ground pleaded are mainly merits of the
matter or those can be said to be defences to be raised during trial and to
be considered at the time of final judgment. At this pre-trial stage those
merits of the matter/defences can not be taken into account for decision of
the present applicant to consider the plea of discharge. Thus, application
lacks merits and hence, following order -
ORDER
Application is rejected.
MUMBAI (KOMALSING RAJPUT)
DATE – 30.09.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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