B.A.100/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 100 OF 2022
( CNR NO.: MHCC020005182022 )
Amol Anil Gudekar
Age: 24 years,
R/o: Julian wadi, In front
of Shalimar Petrol Pump,
Near Basant Theater, Back
side of Blue Bale Building,
Mumbai 400 074.
…Applicant/Accused.
V/s.
The State of Maharashtra.
( At the instance of R.C.F. P.Stn.
Vide C.R. No.591/2021)
…Respondents/State.
Appearance:
Mr. Amrish Salunke Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 27/01/2022.
ORDER
1.
This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Amol Anil Gudekar in crime No.591/2021 under
section 302,326,323,504,143,147,148,149 r/w 34 of IPC
registered at
police station R.C.F., Mumbai.
Facts in brief are as under :
2.
On 7/10/2021, complainant Kabir Shaikh lodged report in the
police station.
It is alleged that he was residing with his parents,
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brothers and family at Julion wadi chawl, Chembur, Mumbai.
Therefore, he knew accused Vijendra Khade, Sumeet Malusare, Swapnil
Khapre and Jayesh Shelar. Deceased Hanif was his brother. According
to him, due to expansion of family, he shifted at Koparkhairane. On
4/10/2021, at about 21.00 hours, when he was at Panvel, he received
phone call from Imran that at about 21.30 hours, his brother Hanif was
sitting on Katta behind Basant Theatre and he was drinking liquor.
Accused Vijendra came there and asked Hanif not to drink liquor there
and there scuffle arose. At that time, Hanif’s brother Ashraf came there
and he told that there people drink liquor, consume Ganja, then why he
is asking not to drink liquor. Accused Sumeet Malusare and Jayesh
Shelar abused to Hanif and Ashraf and beat them by kicks and blows.
Accused Sumeet assaulted by blade like sharp weapon on the back of
Hanif. Due to this, Hanif fell down. Accused Vijendra assaulted by
stone on the head of Hanif. Thereafter, Hanif was admitted at Sion
hospital.
3.
Initially, offence punishable under sections 326,323,504 r/w 34
of IPC was registered against the accused. Thereafter, on 9/10/2021,
Hanif succumbed to injuries and section 302 of IPC and also sections of
unlawful assembly and rioting were added.
4.
Investigating officer investigated the crime and after completion
of investigation, filed chargesheet against the accused.
5.
Mr.Amrish Salunke Advocate for applicant/accused has submitted
that applicant is innocent and he has not committed any crime. In fact
at the relevant time, he was not present on the spot. In the FIR, no
B.A.100/2022
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specific role is attributed to the accused.
Order
His name is also not
mentioned in the FIR. There is no recovery or discovery at the instance
of applicant. He has invited my attention towards the chargesheet.
According to him, as per prosecution, at the relevant time, witness
Imran was present. He informed to complainant that accused Vijendra,
Sumeet and Jayesh assaulted to his brother Hanif and Ashraf and on
that basis, FIR was registered.
However, the statement of Imran is
recorded on 10/10/2021 and in that statement, he firstly disclosed the
name of present applicant/accused that he alongwith the other accused
abused and beat to deceased Hanif and Ashraf by kicks and blows.
Thus, he has made progress in his earlier version. He further submitted
that the statement of Ashraf is recorded on 26/10/2021. Prosecution
has not assigned any reason as to why the statement is recorded after
lapse of considerable time. Thus, this fact clearly goes to show that
applicant/accused is falsely implicated in the said crime. He further
submitted that applicant is young and his antecedents are clear. He is
ready to abide by the condition, if any, imposed by the Court.
He
prayed to release the applicant/accused on bail.
6.
Mr. Ramesh Siroya, APP for the State has submitted that offence
is serious. Coaccused Vijendra and Sumeet are absconded.
If the
accused is released on bail, then he will abscond. He prayed to reject
the application.
7.
Here in the present case, investigation is completed and charge
sheet is filed. It is to be noted that the incident occurred on 4/10/2021.
on the same day, witness Imran had informed to the complainant about
the incident. However, FIR is registered on 7/10/2021. In the FIR, no
B.A.100/2022
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explanation has been given for delay in recording the FIR.
I have
carefully perused the chargesheet. According to the prosecution, Imran
and Ashraf were present on the spot. The dispute had arose on account
of drinking liquor. Imran had informed to the complainant that accused
Vijendra, Sumeet, Swapnil and Jayesh assaulted to Hanif and Ashraf
and accused Sumit assaulted by blade like weapon on the back of Hanif
and accused Vijendra assaulted by stone to Hanif. Thus, firstly Hanif
had not disclosed the name of present applicant. Hanif was admitted in
Sion hospital.
Record shows that he was not in position to give
statement. Initially, FIR was registered under section 326 of IPC was
added. Admittedly, Imran was not arrested in another cross case. But
his statement was recorded on 10/10/2021 and in his statement he
firstly disclosed the name of present accused. The statement of Ashraf is
recorded on 26/10/2021 and in that statement, he stated the name of
present accused.
Thus, the name of present accused is disclosed in
belated statement of witnesses.
8.
It is to be noted that on the same incident on 5/10/2021, accused
Sumeet had also filed report in the police station and he has stated that
Ashraf, Jagdish, Hanif and Prathmesh were drinking liquor and
therefore, he and Swapnil asked them about the same and their dispute
arose. His maternal uncle Anil Gudekar came there to intervene the
quarrel. However, accused Ashraf assaulted him by knife. Therefore,
on his report crime no. 587/2021 under section 326,325 etc… was
registered against the Ashraf, Jagdish and Prathmesh.
9.
It is pertinent to note that if both the FIR are read, it nowhere
appears that present accused was present on the spot.
During the
investigation, applicant/accused was arrested and nothing was
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recovered from him. The role attributed to the applicant/accused is that
he assaulted to deceased and his brother by kicks and blows.
10.
Applicant/accused is young. It appears that his antecedents are
clear and he is ready to abide by the conditions, if any, imposed by the
Court. Considering the facts and circumstance of the case, I find that
applicant accused is entitled for bail. Therefore, following order.
ORDER
1.
Bail Application No. 100/2022 is hereby allowed.
2.
Applicant/accused namely Amol Anil Gudekar be
released on execution of P.R Bond of Rs. 30,000/
(Thirty Thousand only) with one or more sureties in
like amount in C.R. No. 591/2021 u/s 302, 326, 323,
504, 143, 147, 148, 149 r/w 34 of Indian Penal Code
registered at Police Station R.C.F. on the conditions
that :
a)
He shall attend concerned police station as and
when reasonably required by investigating officer till
further orders.
b)
He shall not pressurize the prosecution
witnesses in any manner.
c)
He shall not commit any offence while on bail.
d)
He shall furnish his correct address to the
investigating officer.
3.
He be released on provisional cash bail of
B.A.100/2022
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Order
Rs.30,000/. Duration of provisional cash bail shall
be for four weeks.
4.
Bail before Ld. Magistrate.
5.
Bail Application No.100/2022 is disposed of
accordingly.
Digitally signed
by GIRISH
BALKRISHNA
GIRISH
BALKRISHNA GURAO
Date:
GURAO
2022.01.29
15:15:10 +0530
Dictated on
Transcribed on
Date of sign
: 27.01.2022.
: 28 & 29.01.2022.
: 29.01.2022.
(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
B.A.100/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
29.01.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ SHRI.G.B.Gurao,(C.R.No.11)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
27.01.2022.
Order signed by P.O. on
29.01.2022.
order uploaded on
29.01.2022.