CNR No.

MHCC02-000656-2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.124 OF 2022
1. Anthony William Dias,
Age : 32 years, Occ – Business,
2. Clara William Dias
Age : 30 years, Occp : Housewife,
Both residing at Room No.117,
D Ward, Azad Nagar, Mumbai-51.

…
Applicants
…
Respondent
Versus
The State of Maharashtra
(At the instance of Police Station,
Shau Nagar,
C.R.No.386/2021)
Appearance:
Mr. Ganesh R. Iyer @ Firoza A. Shaikh and Manisha Gaikwad, Ld. Adv.
for applicants
Mrs. Rashmi Tendulkar, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
January 19, 2022
ORDER
1.

Applicants Anthony William Dias and Clara William Dias
are accused in C.R.No.386/2021 registered with Shau Nagar Police
Station under Ss. 353, 333, 504, 506-II, 34 of I.P.C. They are praying to
grant bail on the grounds that, investigation is over and charge sheet
has been filed. Prosecution vide say (Exh.2) of Investigating Officer
opposed the bail application reiterating the facts alleged in the FIR and
contended that, applicants are involved in the alleged offence.

The
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BA No.124/2022
offence under Sec.85 (1) of Prohibition Act vide L.A.C. No.04/2019 has
been registered against the applicant-accused. Offence committed by
the applicants is serious. If they are released on bail, they will threaten
the informant and witnesses. With this, it is contended to reject the
application.
2.
A.P.P
Heard Ld. Adv. Mr. Ganesh Iyer for the applicants and Ld.
Mrs.

Rashmi
determination.

Tendulkar.

Following
points
arise
for
my
I am recording following findings thereon for the
reasons discussed below :POINTS
FINDINGS
1.

Whether the applicant-accused have made
out a strong prima-facie case to release
them on bail ?

Yes
2.

What Order ?

Application is
allowed.
REASONS
POINT NO.1.
FACTS INVOLVED IN C.R.No.386 OF 2021.
3.

Informant Vidya Mahendra Gangurde, is a Woman Police
Constable (WPC)
On 07.11.2021 she was on night duty.

posted on Shahu Nagar Mobile.

She was
She along with driver Godse were
patrolling in the area. It was around 1.03 hours in the late night. At
that time they were directed to visit Shahu Nagar Maidan as there being
played and the same was against the rules. They visited the spot and
saw some males and females playing loudspeaker.
asked help from Marshal-2.

Therefore, they
PC Sonkamble accordingly reached the
spot and all of them directed those dancing people to stop playing the
BA No.124/2022
.. 3..

loudspeaker. There were women who picked up quarrel. Therefore,
this fact was informed to Shahu Nagar Mobile-5.

At that time one
woman was shouting and abusing loudly, whom the informant tried to
pacify. But she was not in a position to listen. Two males and the said
female abused police staff and also created clamor.

They further
questioned the authority of the informant and said that, who they are to
stop their loudspeaker and dance. It was noticed that the said woman
was drunk. Informant requested her and gave understanding, but she
abused the informant. Not only this, but she further bet her by fist and
kick blows, pulled the collar of informant’s uniform and gave heavy
fight on her nose. Blood was oozing. Thereafter, she twisted fingers of
the informant and threatened her to kill. Therefore, the said lady and
her two male associates were brought to the police station. Where they
continued their tantrums, abusing and shouting. After some time, that
woman broke her bangles and inflicted self injuries. Informant was
taken to the hospital where on examination fracture to the nose bone
was detected. These are the facts.

4.

First bail application of applicant Clara Dias was rejected
on 24.11.2021 when the investigation was in progress and charge sheet
was to be filed. Now admittedly investigation is over and chargesheet
has been filed. Offence under Sec.353 of I.P.C. provides punishment to
the extend of five years and fine. In my opinion keeping the accused
behind bars for endless period is not justified from the point of
punishment provided under Sec.353 of IPC. Nothing has remained to
be recovered from them. No one is sure when case will be committed,
charge will be framed, trial will begin and conclude.

Whatever
objections raised by the prosecution can be safeguarded by imposing
certain conditions. In this way, I hold that accused has made out strong
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BA No.124/2022
prima-facie case to release him on bail. Hence, Point No.1 is answered
in the affirmative and following order is passed :ORDER
1.

Bail Application No.124 of 2022 is allowed.

2.

Applicants Anthony William Dias and Clara William Dias
be released on bail in C.R.No.386/2021 registered with
Shahu Nagar Police Station by every one of them
executing PR bond of Rs.15,000/- and surety bonds of
like amount and on following conditions,
i)
applicants shall undertake not to abscond and attend
each and every date of the Court for trial scrupulously.

ii)
applicants shall undertake not to pressurize or threaten
the Informant and prosecution witnesses in any manner.

iii)
applicants shall not leave Mumbai without prior
permission of the Court.

2.

Applicants be released on provisional cash security of
Rs.15,000/- each for a period of four weeks and shall
abide other conditions scrupulously.

3.

Bail shall be furnished before the Ld. Court of first
instance.
Digitally signed
by MADHAV
GOPAL
MADHAV
DESHPANDE
GOPAL
DESHPANDE Date:
2022.01.24
13:41:25 +0530
Dt.: 19.01.2022
Dictated on
Transcribed on
Signed on
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 19.01.2022
: 19.01.2022
: 19.01.2022
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BA No.124/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
19.01.2022 at
hours
UPLOAD DATE AND TIME
Name of the Judge
Date
of
judgment/order
pronouncement
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of 19.01.2022
Judgment/order signed by P.O. on
19.01.2022
Judgment/order uploaded on
24.01.2022