CNR No.

MHCC02­008379­2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.1551 OF 2022
Bhushan Vijay Jadhav
Age ­ 38 year, Occ ­ Business,
R/o ­ 1/2, Amrut Nagar, Kherwadi Road,
Opp. Shivaji Nagar Police Chowky,
Bandra East, Mumbai­51.

…
Applicant
…
Respondent
…

Intervener
Versus
The State of Maharashtra
(At the instance of Police Station,
Nirmal Nagar,
C.R.No.609/2022)
And
Derick Devid Maridas
Appearance:
Mr. Prashant Gurav, Ld. Adv. for applicant.
Mr. Ramesh Siroya, Ld. Addl. P.P.
Mr. Sandeep Karnik, Ld. Adv. for Intervener.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
June 29, 2022
ORDER
1.

Applicant Bhushal Vijay Jadhav is one of the accused
persons in C.R.No.609/2022 registered with Nirmal Nagar Police
Station under Ss. 307, 341, 326, 323, 324, 504, 506(2), 141, 143, 144,
147, 148, 149 of I.P.C. He is praying for bail.
2.

Prosecution vide say (Exh.02) of Investigating Officer
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strongly opposed the application referring facts alleged in the FIR and
on following grounds :
a. CCTV footage of the incident indicate that applicant was
beating the informant by bamboo.
b. There are 15­16 accused persons, who have been
absconding. If the applicant is released on bail he will help
them to abscond.
c. Some weapons used in the incident were recovered but
some are remained, if bail is granted the applicant will
dispose of the remaining weapons.
d. There is involvement of the applicant in the offence and no
one is coming forward due to the terror of applicant and his
associates.
With this prosecution contended to reject the application.
3.

Heard Ld. Adv. Prashant Gurav for the applicant and Ld.

A.P.P. Mr. Ramesh Siroya. I have also heard Ld. Adv. Sandeep Karnik
for the Intervener. Following points arise for my determination. I am
recording following findings thereon for the reasons discussed below :­
POINTS
FINDINGS
1.

Whether the applicant­accused has made
out a strong prima­facie case to release him
on bail ?

Yes
2.

What Order ?

Application is
allowed.
REASONS
POINTS NO.1 AND 2.
THE FACTS INVOLVED IN C.R.No.609 OF 2022.
4.

Informant works as office boy in the office of Hari Shastri
who is secretary of Maharashtra Kamgar Sena. On 01.06.2022 at 12.30
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p.m. the informant was standing outside his office with Pravin Bhaskar
Aail, Rajveer @ Santosh Amrale. Bunty @ Ratnadeep and applicant
Anil Dhilod came in the shop opposite the said office. Bunty made
gesture of firing towards them and also threatened the informant.
Accordingly, informant alongwith his colleagues approached Nirmal
Nagar police station and lodged report thereof against Bunty Sawant. It
was entered as non cognizable.

At 16.30 hours informant and his
colleagues went BKC 28, Building No.27, MHB Colony, Khernagar,
Bandra (East), Mumbai, at that time Rajveer and Manoj Pawar were
with the informant. Dinesh Kadam, Machhindra Jadhav, Suresh Nishad
and others were on the work site, at that time Santosh Achrekar came
there, he took Rajveer at some distance and further started threatening
him. Rajveer was asking Santosh Achrekar as to why he and Haribhai
were threatened to kill by Bunty Sawant. At that time, Bunty Sawant,
his brother Prasad and Sujeet, Mahendra @ Mahya, Anil Dhilod i.e. the
present applicant, Pratik Jadhav, Deven and their other friends arrived
and started quarrel with informant and his colleagues. Rajveer was
abusing informant and his colleagues.

However, informant and his
colleagues were trying the pacify Rajveer, but altercation took place.
Suddenly, Bunty brought iron spatula and started swinging the same.
Scuffle took place wherein Bunty and Mahendra @ Mahya threatened
Rajveer to take his life and further assaulted his head by iron ­spatula
and wooden plate.
5.

Rajveer sustained injury on the head hence fell down.

Informant and Rajveer shouted hence Dinesh Kadam, Machhindra
Jadhav, Suresh Nishad and others came to help them. Prasad and Sujit
beat Rajveer by stump and stick, therefore, informant also got injuries.
Santosh Achrekar was beating by hand. Pratik Jadhav and Deven beat
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Rajeveer, informant, Manoj, Dinesh Kadam, Machhindra Jadhav, Suresh
Nishad by stone block. At that time, Santosh Achrekar took iron­from
the hand of Bunty and gave its blow to Rajveer on his head and leg.
Devendra Pednekar and Anil Dhilod i.e. applicant started beat with
stick. People started running everywhere, even small businessmen also
fled. People who came for the help of informant and his colleagues
took Rajveer, Manoj Pawar and informant to V.N. Desai Hospital in the
car of Saurabh. These are the facts.
6.

Intervener requested the Court to go through the CCTV
footage as the role of this applicant was disclosed in the CCTV footage
after filing FIR. Accordingly CCTV footage was called. The present
applicant appears giving blows by bamboo on the legs of the informant.
In order to identify the persons in the CCTV footage, Intervener kept the
informant present in the Court. He identified the applicant. I carefully
examined the CCTV footage and role attributed to the applicant. He
gave blows of bamboo on the injured is the contention of the
Investigating Officer. CCTV footage indicates that the applicant had
given blows of bamboo on the legs and waist of the injured.
Admittedly, his role clearly indicates that he had not made any fatal
assault on the vital part of the injured. Therefore, role attributed to him
prima­facie indicates his involvement in the offence under Sec.324 IPC.
7.

The applicant was arrested on 06.06.2022. It is more than
22 days he is behind bars. Certainly the weapon, bamboo must have
recovered from him.

Yet, the Investigating officer made a vague
statement that some weapons are recovered and some are remained
without specifying which weapon was recovered from the applicant. In
my opinion, keeping accused behind bars henceforth is not justified.

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BA No.1551/2022
Investigation to his extent is already over. Even the grounds putforth by
the Investigating Officer are general for which further detention of the
applicant is not necessary. No one is sure chargesheet will be filed, case
will be committed, trial will begin and conclude.

Hence, keeping
accused behind bars for uncertain period is not justified. I, therefore,
hold that applicant is hold strong prima­facie case. Hence, Point No.1 is
answered in the affirmative and following order is passed :­
ORDER
1.

Bail Application No.1551 of 2022 is allowed.

2.

Applicant Bhushan Vijay Jadhav shall be released on bail
in C.R.No.609 of 2022 registered with Nirmal Nagar
Police Station by executing PR bond of Rs.15,000/­ and
surety bond of like amount and on following conditions,
i)
The applicant shall attend Nirmal Nagar Police Station
once in a week on every Sunday at any time between
08.00 a.m. to 05.00 p.m. and maintain its record for 60
days.

ii)
The applicant shall undertake not to pressurize informant
and prosecution witnesses, and also not to tamper with
the evidence of prosecution.

iii)
The applicant shall not leave Mumbai without permission
of the Court.

3.

The applicant is permitted to furnish provisional cash
security of Rs.15,000/­ for a period of two months, with
PR bond as directed above.

4.

Bail before Ld. Court of First Instance.

Dt.: 29.06.2022
Signed on
: 29.06.2022
MADHAV
GOPAL
DESHPANDE
Digitally signed
by MADHAV
GOPAL
DESHPANDE
Date: 2022.06.30
17:54:28 +0530
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
30.06.2022
at
hours
UPLOAD DATE AND TIME
Name of the Judge
Date
of
pronouncement
judgment/order
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of 29.06.2022
Judgment/order signed by P.O. on
29.06.2022
Judgment/order uploaded on
30.06.2022