IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.2 OF 2024
1. Abhishek Sudhir Jadhav ]
2. Hasib Nizam Shaikh ] …Applicants.
Versus
The State of Maharashtra ]
(At the instance of Shahu Nagar Police Station ]
Vide C.R. No.406 of 2023) ] …Respondent.
Advocate Bipin Chawda for applicants.
APP Sulbha Joshi for the State.
CORAM : SHRI. S.B. PAWAR, THE ADDL. SESSIONS JUDGE (C.R. No.58) DATE
: 04th JANUARY, 2024.
ORDER
Applicants, who are arrested in connection with C.R. No.406 of 2023 registered with Shahu Nagar Police Station for offence under sections 326, 324, 323, 504, 506, r/w. 34 of the Indian Penal
Code, have filed the present application for regular bail under section 439 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”).
2.It is the case of the prosecution that applicants, in furtherance of their common intention, assaulted first informant Vinod Jaisingh Pawar, his brother Mangesh Pawar and mother Savitri Pawar at
about 1.00 a.m. on 17.12.2023. It is alleged in the FIR that on 17.12.2023 birthday of nephew of the first informant Vinod Pawar was organized at Siddharth Seva Sangh, Ramabai Nagar, Matunga Labour
Camp, Mumbai. After celebration, at about 1.00 a.m. on 18.12.2023 applicants started demanding party and liquor from Mangesh Pawar, brother of the first informant.
On refusal by Mangesh Pawar, they abused and threatened Mangesh and slapped him. When the first
informant and his mother intervened, applicant No.1 hit beer bottle on the head of the first informant. Therefore, blood started oozing from head of the first informant. He alongwith his mother went to Sion
Hospital. When they were taking treatment, Manoj another brother of the first informant came in injured condition and told them that applicants abused, threatened and caused injury to his hand by hitting
beer bottle.
On the basis of the said complaint, initially FIR was registered for offence under sections 324, 323, 504, 506 r/w. 34 of IPC.
3.Witness Manoj Pawar stated in his statement that applicants returned to the said place after first informant and his mother went to Sion Hospital and pushed Nilesh Gavade who had come for the birthday celebration.
Applicant No.1 was holding chopper. Applicant No.2 caught hold Manoj and applicant No.1 tried to give blow of chopper on the head with its reverse side. Manoj tried to avoid blow and sustained injury on the left hand finger and wrist. It was disclosed in medical examination after taking X-ray that Manoj had sustained fracture to the middle finger of his left hand. Therefore, section 326 of IPC came to be added and applicants came to be arrested on 21.12.2023.
4.Applicants seek bail on the grounds that investigation against them is practically complete. No motive is attributed to them to committ the alleged offence. They have fixed place of residence. The
injury to the first informant was not grievous therefore, section 326 of IPC is not attracted. Manoj and Mangesh are habitual drinkers. On 18.12.2023 during the birthday party Mangesh was under the influence of intoxication and abused the applicants in filthy language. He threatened the applicants.
His brother Manoj also joined him and threatened the applicants. The informant got slipped over a beer bottle lying on the ground and he fell upon his brother and both got injured. They demanded money from applicants for hospital expenses and on refusal, first informant filed false complaint against them.
5.Prosecution opposed the prayer of bail on the grounds that applicants have not co-operated in the investigation and had not given information about the chopper used in the offence. There is possibility
that applicants may pressurize first informant and witnesses. The offence is serious and applicants may commit similar offence, if they are released on bail.
6.Heard learned Advocate for the applicants and learned APP for the State. Perused the papers annexed with the application. It is pertinent to note that in the statement recorded on 18.12.2023, the first informant had stated that when he alongwith his mother were taking medical treatment at Sion Hospital, his brother Manoj came there in injured condition and stated that applicants, after abusing and threatening him, caused injury to his left hand with beer bottle. There is no allegation of use of chopper by the applicants. The statement of Manoj Pawar is not on record.
However, remand application dated 22.12.2023 indicates that in his statement Manoj alleged that chopper was used by applicant No.1 and he tried to give its blow with reverse side on the head of Manoj in which, while preventing the blow, he sustained injury to the finger and wrist of his left hand.
7. The documents show that the applicants were arrested on 21.12.2023. Initially, they were remanded to PCR 24.12.2023 and thereafter, PCR was extended till 26.12.2023. During the interrogation by police, investigating agency could not recover any chopper from the applicants. Therefore, in the light of the initial statement of the first informant and the information given by Manoj to the informant at Sion Hospital, use of chopper in the alleged incident by applicants is doubtful.
8.Though prosecution contends that witness Manoj had sustained fracture injury to his left hand middle finger, use of deadly weapon such as chopper in the alleged assault is prima facie doubtful.
So far as injury caused to the first informant is concerned, it is not the case of the prosecution that it was a grievous injury. The reply filed by prosecution does not show that both the applicants have any criminal antecedents. The applicants are residents within the jurisdiction of this Court. The investigation against the applicants seems to be complete. The apprehension of the prosecution regarding possibility of threats to the informant and witnesses can be taken care of by imposing suitable terms and conditions. However, for the reasons set out in the reply, in my view, further detention of the applicants in jail is unnecessary.
Therefore, I pass following order:
ORDER
1.Criminal Bail Application No.2 of 2024 is allowed.
2.The applicant No.1 Abhishek Sudhir Jadhav and applicant No.2 Hasib Nizam Shaikh, who are accused in C.R. No.406 of 2023 registered with Shahu Nagar Police Station for offence under sections 326, 324,
323, 504, 506 r/w. 34 of Indian Penal Code, be released on their executing PR Bond of Rs.20,000/- (Rupees Twenty Thousand Only) each and on each furnishing surety in the like sum on following
conditions:
(a) The applicants shall not directly or indirectly make any inducement threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
(b) The applicants shall not tamper with evidence of the prosecution.
(c) The applicants shall not commit similar offence while on bail.
(d)The applicants shall not try to contact the informant personally or through anybody till conclusion of trial.
(e) The applicants shall submit documents regarding their permanent address and contact details to the concerned police station and the Court, within seven days of their release and if in future, there is any change in their address or contact details, intimate the same to the concerned police
station.
(f) The applicants shall attend the trial regularly.
3. Breach of any of the above conditions shall entail the cancellation of the bail.
4.Provisional cash bail of Rs.20,000/- each allowed for the period of 6 weeks.
5.Criminal Bail Application No.2 of 2024 is disposed off accordingly.
Date : 04/01/2024 Order Dictated on: 04/01/2024 Transcribed on : 08/01/2024 Checked on
: 09/01/2024 Signed on : 09/01/2024 (S.B. PAWAR) Additional Sessions Judge City Civil & Sessions Court, Gr. Bombay “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” Upload Date 09.01.2024 Upload Time 2.55 p.m.
Name of Stenographer ARUN ANNAMALAI MUDALIYAR Name of the Judge (With Court SHRI. S.B. PAWAR (CR 58) Room No.) THE ADDL. SESSIONS JUDGE Date of Pronouncement JUDGEMENT /ORDER of 04.01.2024 JUDGEMENT /ORDER signed by 09.01.2024 P.O. on JUDGEMENT /ORDER uploaded 09.01.2024 on