BA 793/22
1
ORDER
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION 793 OF 2022
( CNR NO.: MHCC020044802022 )
1. Aniket Sachin Dhangar
R/at. Sanjay Gandhi Nagar,
Group No.3, Near Police Chowki,
Vikhroli East, Mumbai 400083.
2. Rohan Amit Dhangar
R/at. Group No.3/311/3868,
Vikhroli East, near Police Station,
Tagore Nagar,Mumbai400083.
…Applicant/Accused
V/s.
The State of Maharashtra,
( At the instance of Vikhroli
Police Station vide C.R.No.106/22)
…Respondent/State.
Appearance:
Smt. Simran Shaikh, Advocate for the applicant/Accused.
Smt. Ujjwala Karvate, APP for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
DEEPAK L. BHAGWAT (C.R.60)
DATE : 12.05.2022
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure the applicant requested to release him on bail in
Crime No. 106 of 2022 registered at Vikhroli Police Station for offences
punishable under Sections 307 r/w. Section 34 of Indian Penal Code
and Section 135 of Maharashtra Police Act.
2.
The prosecution alleges that on 19.03.2022 the accused
BA 793/22
2
ORDER
Aniket, Rohan and Pawan assaulted the informant’s brother Durgesh by
knife and broken beer bottle. Accused Pawan was also abusing and
assaulted the informant’s brother Durgesh. On being informed to the
informant by a friend of Durgesh, the informant lodged FIR at the police
station.
3.
The learned advocate on behalf of the applicants argued
that the victim has been discharged from the hospital and he is out of
danger. The FIR lodged is on the basis of hearsay material. Weapon has
been already recovered. Therefore, there is no need of further custody
of the accused. As such requested to allow the application. The learned
advocate relied on decision in the case of ‘Bhagirath Singh V/s. State
of Gujrat’ AIR 1984 SC 372.
4.
On the other hand, the learned APP argued that the assault
has been caused by preplan. The assault has been on vital parts of the
informant’s brother’s body. There was intention to cause death and as
such the application has to be rejected.
5.
The investigation papers reveal that there is direct material
showing involvement of the applicants. The applicants were holding
knife and broken beer bottles. They by the same weapons inflicted
injuries on the informant’s brother Durgesh’s vital part such as chest,
stomach. The injuries caused to the informant’s brother Durgesh appear
to be deep and of the nature of incised as well as contused wounds.
There are as many as 8 injuries on the body of the informant’s brother
Durgesh. At this stage, it can be gathered that there is material showing
involvement of the applicants in commission of offence under Section
307 of Indian Penal Code. Investigation is still in progress. In this
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ORDER
background, at this stage, it will not be appropriate to grant bail to the
applicants. I have carefully gone through the decision in the case of
‘Bhagirath Singh’. It is regarding the cancellation of bail. The same is
not helpful to the applicants in the case in hand.
Hence, order as
follows is passed:
:ORDER:
Criminal Bail Application No.793 of 2022 is rejected.
Digitally signed
by DEEPAK
LAXMANRAO
DEEPAK
BHAGWAT
LAXMANRAO
Date:
BHAGWAT
2022.05.30
12:02:38
+0530
(Deepak L. Bhagwat)
Addl. Session Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 12.05.2022
: 13.05.2022
: 30.05.2022
BA 793/22
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ORDER
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
30.05.2022,01.00 pm
UPLOAD DATE AND TIME
Mrs. Revati V. Kadam
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ Deepak L. Bhagwat,(C.R.No.60)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
12.05.2022
Order signed by P.O. on
13.05.2022
order uploaded on
30.05.2022