CNR No.

MHCC02-000649-2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.132 OF 2021
Deepak Chandrabhan Kedar
Age – 36 year, Occ – Social Service,
R/o – House No.1127, Near Dhoot,
Hospital, Murtijapur, Mhada, Chikalthana,
Industrial Area, Aurangabad-431006. …
Applicant
Versus
The State of Maharashtra
(At the instance of Police Station,
Shivaji Park
C.R.No.575/2021 )
…
Respondent
Appearance:
Mr. Mahendra Bhingardive i/b M/s Lex Rex Jrist, Ld. Adv. for applicant.
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.

This is second bail application filed by accused Deepak
Kedar in C.R.No.575/2021 registered with Shivaji Park Police Station
under Ss.353,332,141,143,149 of I.P.C. Main contention of the applicant
is that, investigation is over and chargesheet has been filed. Co-accused
were released on bail and same parity may be extended to him.
Prosecution vide say (Exh.2) of the Investigating Officer strongly
opposed the application contending that, as many as 13 offences have
been registered against the applicant-accused in Buldhana, Latur, Akola
and Aurangabad districts. Absconding accused are yet to be arrested.
On such grounds, it is contended to reject the application.

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BA No.132/2022
2.

Heard Ld. Adv. Mr. Mahendra Bhingardive for the applicant
and Ld. A.P.P Mrs. Rashmi Tendulkar. Following points arise for my
determination.

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

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

Yes
2.

What Order ?

Application stands
allowed.
REASONS
POINT NO.1.
FACTS INVOLVED IN C.R.No.575 OF 2021.
3.

Mr. Vasant Narayan Pingle, Asst. Police Commissioner,
Dahisar Block, Mumbai lodged FIR stating that on 06.12.2021 he was
deputed for bandobast in respect of Parampujya Dr. Babasaheb
Ambedkar, 65th Mahaparinirvan Day at Shivaji Park, Chaitya Bhumi
Campus.

Accordingly,
he
was
discharging
official
duty
from
Babanprabhu Square to Torana Gate which was reserved for darshan by
VIPs. Barricades were installed for that purpose to secure the said way.
Foothpath was kept for common citizens. Around 12.45 hrs. when he
was present at Torana Gate, heard shouts from Babanprabhu Square. He
also heard slogans.

Therefore, he immediately rushed towards
Babanprabhu Square. At that time, he saw that a person was standing
on four wheeler in front of Resto Bar and Restuarant. He had collected
a mob rather unlawful assembly and was giving speech by moving
hands. 40 to 50 persons from the said mob were shouting without
wearing masks. They had not maintained distancing prescribed for
BA No.132/2022
.. 3..

COVID-19. Informant thereafter directed the staff in civil dress towards
the said assembly to see what was happening.

Suddenly, the said
person got down from the four wheeler and straight way ran towards
the informant. The informant tried to stop him when the said person
heavily pushed the informant on the barricade. Therefore, informant
alongwith barricade fell on the ground. The mob followed him and all
of them were running towards Torana Gate. Therefore, the informant
and his staff officers tried to stop them but they manhandled the
informant and his staff and ran towards Torana Gate.

Officers and
police staff present at Torana Gate tried to stop all of them. Similarly
the program arrangers and workers also came there and resisted the
mob from directly entering through Torana Gate. When they were not
paying any heed, all of them tried to apprehend everyone from the said
mob.

However, they could apprehend only seven persons whereas
others ran away. The person, who was giving speech, stated his name
as Deepak Chandrabhan Kedar (A1) and further stated that he is a
National President of All India Panther Sena. Due to this incident,
informant’s hand and body was paining. Around 9.00 p.m., there was
less rush at that time therefore, the informant went to Sion Hospital and
took treatment and then lodged FIR. These are the facts.
4.

Applicant had moved his first application along with six co-
accused. However, considering the role attributed to the applicant that
he was instigated the crowd, his prayer for bail was rejected while other
six applicants have been released on bail.

Now, the Investigating
Officer has only shown the antecedents of the applicant noting crimes
registered against him, but there is no information brought on record
that in any of the offences applicant was convicted.

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BA No.132/2022
5.

Admittedly, investigation of the present crime is over and
chargesheet has been filed.

Therefore, further detention of the
applicant is unwarranted as there is nothing to be recovered or
discovered at the instance of the applicant-accused. The objection of
Investigating Officer is that, absconding accused is yet to be arrested
and if applicant is released on bail looking to his criminal antecedents
question of law and order will arise. However, such apprehension can
be safeguarded by imposing certain conditions on the applicant. For
arresting absconding accused, applicant cannot be put behind bars for
endless period.
6.
filed.

Admittedly investigation is over and chargesheet has been
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.

No one is sure when the 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 primafacie 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.132 of 2022 is allowed.

2.

Applicant Deepak Chandrabhan Kedar be released on bail
in C.R.No.386/2021 registered with Shivaji Park Police
Station by executing PR bond of Rs.15,000/- and surety
bond of like amount and on following conditions,
i)
applicant shall undertake not to abscond and attend each
and every date of the Court for trial scrupulously.

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BA No.132/2022
ii)
applicant shall undertake not to pressurize or threaten
the Informant and prosecution witnesses in any manner.

iii)
applicant shall not leave
permission of the Court.

2.

Applicant be released on provisional cash security of
Rs.15,000/- 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
Mumbai
without
MADHAV
GOPAL
DESHPANDE
Dt.: 19.01.2022
Dictated on
Transcribed on
Signed on
prior
by MADHAV
GOPAL
DESHPANDE
Date: 2022.01.24
13:40:57 +0530
( 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.132/2022
“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