MHCC020070712022

IN THE SESSIONS COURT FOR GREATER MUMBAI

AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1315 OF 2022
(CRIME NO.702 OF 2022, MAHIM POLICE STATION)
CNR No.MHCC02-007071-2022

Darayus Sam Jijina, ]

Adult, Indian Inhabitant, ]
Aged about 24 years, ]
Having address at Ahura Apartment, ]
Gun Powder Road, Mazgaon, ]
Mumbai - 400 010. ]
Currently lodged at Arthur Road Jail. ] ... Applicant

Vs.

1. The State of Maharashtra, ]

2. The Inspector of Police, ]

Mahim police station. ] ... Respondents

Appearances :-
Mr. S. S. Gandhi i/b. Mr. Ujjwal Gandhi, Ld. Adv. for applicant.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.

CORAM : VISHAL S. GAIKE,

ADDL. SESSIONS JUDGE,
COURT ROOM NO.22.
DATE : 6th June, 2022.

ORDER

This is an application for regular bail under Section 439 of

the Code of Criminal Procedure in connection with Crime No.702 of

Addl. Sessions Judge

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2022 registered at Mahim police station for the offence punishable

under Sections 279, 304(2), 338, 323, 506(ii), 114 r/w. 34 of the
Indian Penal Code and Sections 184, 185 of the Motor Vehicles Act.

2. It is the case of the prosecution that the complainant Ismail

Shakeel Siddiqui, resident of Kamathipura, Nagpada, Mumbai, gave
report that on 29/05/2022, at about 3.00 p.m., he was proceeding with
his wife through his motorcycle. His brother-in-law Moeej Ansari and
sister-in-law Naba Shaikh were accompanying them through another
two wheeler. At that time, the driver of the Skoda motor car bearing
registration No.MH-01-AG-9009 being under the influence of liquor,
drove the car in high speed and in negligent manner and gave dash to
the two wheeler through which the complainant’s brother-in-law and
sister-in-law were travelling. In the said accident, his brother-in-law
Moeej Ansari lost his life and sister-in-law Naba Shaikh was grievously
injured. Present applicant was a passenger in the said Skoda car. He
assaulted one Mosin Khan with fist blows, when he was standing there
at the spot in the crowd. He also threatened to kill him.

3. The say of the Investigating Officer was called. He has

stated that if the applicant is released on bail, then he may commit
another cognizable offence and he may threaten and pressurise the
witnesses. The investigation is in progress and there is possibility that
the applicant may destroy the evidence. A victim in the said accident, is
yet to regain her consciousness. The applicant may not appear in the
Court. Hence, the application may be rejected.

4. Heard both the parties. Perused the record. Learned

counsel for the applicant submitted that the applicant is innocent and

Addl. Sessions Judge

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he has not committed any offence, as alleged. The allegations of rash

and negligent driving, etc., were against accused Mohammad Amir
Javed Shaikh, who was the driver of the car of the applicant. The
applicant never threatened any person, who was allegedly present on
the spot after the incident. Applicant is ready to co-operate in the
investigation and abide any condition which may be imposed upon
him, in the event of application may be allowed. Hence, he may kindly
be released on bail.

5. Learned A.P.P. vehemently opposed the application and

submitted that the applicant may not co-operate in the investigation.
Therefore, application may be rejected.

6. I have perused the application, say and given thoughtful

consideration to the submissions made by both the parties. The
allegations under Sections 279 and 304 (Part II) of the Indian Penal
Code are not against the present applicant. Admittedly, he was only
passenger in the said car. It is alleged that the applicant had assaulted a
bystander in the crowd which had gathered on the spot of incident and
he had threatened to kill him. Admittedly, the applicant and the person,
who was allegedly assaulted, were not knowing each other at the time
of incident. Considering the facts of the case, there is no need of
judicial custody of the applicant. He has no criminal antecedent and
there is no possibility that he shall not attend the Court and co-operate
in the investigation. Therefore, I am inclined to allow the present
application and proceed to pass the following order :-

ORDER

1. Bail Application No.1315 of 2022 is hereby allowed.

Addl. Sessions Judge

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2. Applicant Darayus Sam Jijina in C.R. No.702 of 2022

registered with Mahim police station for the offence punishable under
Sections 279, 304(2), 338, 323, 506(ii), 114 r/w. 34 of the Indian
Penal Code and Sections 184 and 185 of the Motor Vehicles Act, shall
be released on bail on executing P.R. bond of Rs.15,000/- with one
surety in the like amount, and on following conditions :-
(a) He shall not tamper with the witnesses and evidence ;

(b) He shall furnish his detail address, mobile/contact number,

address proof and identity proof at the time of furnishing bail ;

(c) In case of change of his residence or mobile/contact

number, he shall inform it to the Court and Investigating Officer ;

(d) He shall attend the Court regularly, if any charge-sheet is

filed against him ;

(e) He shall not leave the jurisdiction of this Court without the
permission of concerned Metropolitan Magistrate and if the case is
committed to this Court, without the permission of this Court.

3. Bail shall be furnished before concerned Metropolitan

Magistrate.

4. Bail Application is disposed of accordingly.

Digitally signed
by VISHAL
SADASHIVRAO
GAIKE
Date:
2022.06.07
16:34:42
+0530

( VISHAL S. GAIKE )
ADDL. SESSIONS JUDGE,
Date : 06/06/2022. CITY CIVIL & SESSIONS COURT,
GREATER MUMBAI.
Dictated on : 06/06/2022.
Transcribed on : 07/06/2022.
Signed on :

Addl. Sessions Judge

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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL

SIGNED JUDGMENT/ORDER.”

UPLOAD DATE AND TIME NAME OF STENOGRAPHER

07/06/2022 at 4.45 p.m. Bahushruta Y. Jambhale
Name of the Judge ( With Court H.H.J. Shri Vishal S. Gaike
Room No.) (Court Room No.22)
Date of Pronouncement of 06/06/2022.
JUDGMENT/ORDER
JUDGMENT/ORDER signed by 07/06/2022.
P.O. on
JUDGMENT/ORDER uploaded on 07/06/2022.

Addl. Sessions Judge