CRI. BA 540/2024
1
ORDER
MHCC020035672024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 540 OF 2024
( CNR NO.: MHCC02-003567-2024 )
Akshay Ishwar Jadhav
Age:- 30 Years, Occ:- Business
Residing Ambika Kripa Society,
J.N.Road, Mulund(W), Mumbai
(At present lodge in Thane Central Prison)
V/s.
The State of Maharashtra,
(At the instance of Bhandup
Police Station vide C.R.No.06/2020)
…Applicant/Accused
…Respondent/State.
Appearance:Ld. Advocate Navita Jadhav for the applicant/accused.
Ld. S. P.P. Manisha Parmar for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.B.PAWAR (C.R.58)
(IN-CHARGE OF COURT ROOM NO.60)
DATE
: 19.03.2024.
ORDER
The applicant who is arrested in execution of Non-Bailable
Warrant issued in connection with C.R. No.06 of 2020 registered with
Bhandup Police Station for offence punishable u/s.307, 323, 324, 504
and 506 r/w.34 of the Indian Penal Code, 1860 and u/s.142 of the
CRI. BA 540/2024
2
ORDER
Maharashtra Police Act (C.C.No.215/PW/2020 pending before the Ld.
M.M. 53rd Court, Mulund, Mumbai).
2.
Read application and reply Exh-4 filed by prosecution.
Heard the Ld. Advocate for applicant and Ld. SPP. Perused the
documents annexed with the application.
3.
The documents produced on record indicate that the
applicant was initially released on bail vide order dated 15.05.2020 in
Bail Application No.1125 of 2020 passed by the Lock-Down Court Room
No.1 during Covid-19 period. It appears that after filing of charge-sheet
before the court of first instance, the applicant did not remain present in
response to the summons issued by the court. Thereafter, Non-BailableWarrant came to be issued against the applicant in execution of which
he is arrested on 18.01.2024 and since then he is in custody. The order
dated 08.02.2024 passed by the Ld.M.M. 53rd Court, Mulund, Mumbai
shows that the bail application filed by the applicant is rejected on the
ground that court had issued warrants on several occasions against the
accused and if accused is released on bail, it would be difficult to
commit the case. Ld. Advocate for the applicant submits that the case is
still not committed to the Court of Sessions.
4.
Ld. Advocate for the applicant submits that the bail order
was passed during Covid-19 period and in the meantime, there was
externment order against the applicant. Therefore, he was not aware of
the dates before the Ld.M.M. Court and thus, he could not appear
before the Ld. M.M. Court for committal of the case. In my view when
this court has already granted bail to the applicant after considering
merit of the case, in the light of the explanation for non-appearance
CRI. BA 540/2024
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ORDER
before the Ld. M.M. Court for committal of the case, the applicant can
be released on appropriate terms and conditions in order to safeguard
the interest of the prosecution. With this, I passed the following order.
:ORDER:
1.
Criminal Bail Application No.540 of 2024 is allowed.
2.
The applicant Akshay Ishwar Jadhav who is accused in C.R.No.
06 of 2020 registered with Bhandup Police Station for offence under
sections 307, 323, 324, 504 and 506 r/w.34 of the Indian Penal Code,
1860 and u/s.142 of the Maharashtra Police Act be released on his
executing P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand
Only) and on furnishing one or two sureties in the like sum on
following conditions:(a)
The applicant 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 applicant shall not tamper with evidence of the prosecution.
(c)
The applicant shall not commit similar offence while on bail.
(d)
The applicant shall not try to contact the informant or witnesses
personally or through anybody till conclusion of trial.
(e)
The applicant shall submit documents regarding his permanent
CRI. BA 540/2024
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ORDER
address and contact details, to the concerned police station and the
Court, within seven days of his release and if in future, there is any
change in his address or contact details, intimate the same to the
concerned police station.
(f)
The applicant 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.25,000/- allowed for the period of six
weeks.
5.
Bail before the Ld. Trial Court.
6.
Criminal Bail Application No.540 of 2024 is disposed off
accordingly.
Dictated and pronounced in open court
Sd/-
Dictated on
Transcribed on
Date of sign
: 19.03.2024
: 20.03.2024
: 21.03.2024
(S.B.PAWAR)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 58
(IN-CHARGE OF
COURT ROOM NO.60)
CRI. BA 540/2024
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ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
22/03/2024, 11.40 a.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)
HHJ S.B.PAWAR,(C.R.No.58)
(IN-CHARGE OF COURT
NO.60)
ROOM
Addl. Sessions Judge.,City Civil & Sessions
Court, Mumbai.
Date of pronouncement of Judgment/Order
19.03.2024
Order signed by P.O. on
21.03.2024
Order uploaded on
22.03.2024