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B.A.No.1086 of 2022
CNR: MHCC02-006097-2022
IN THE SESSIONS COURT FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.1086 OF 2022
IN
C.R.NO.132 OF 2022
Dipak Nivrutti Jagdale
Aged:46 years, Occ:Service,
R/at.Indra Nagar, Chakur,
Dist:Latur, Pin:413513.

.. Applicant
V/s.
The State of Maharashta
(at the instance of Gamdevi
Police Station, Mumbai)
.. Respondent
Appearances:
Adv. Aashish Raghuvanshi for applicant.
SPP absent.
Coram : R. M. Sadrani
Addl. Sessions Judge
C.R. No.37.
DATED : 10th May, 2022.
ORDER
1
This is an application U/s.439 of Code of Criminal
Procedure(hereinafter referred to as “Cr.P.C.) for the grant of bail to
the applicant Dipak Nivrutti Jagdale in C.R.No.132 of 2022 of
Gamdevi Police Station, Mumbai for the offence punishable
U/s.142, 143, 145, 147, 149, 353, 332, 333, 448, 452, 107, 109,
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B.A.No.1086 of 2022
120B, 335, 440, 406, 409, 201, 204 of Indian Penal Code and
U/s.37 r/w. 135 of Maharashtra Police Act.
2
As per case of the prosecution, Informant is Police Head
Constable namely Satish Pundlik Pandav. He alongwith his
colleague Police Constable Avhad was on duty to prevent the
employees of the Maharashtra State Road Transport Corporation
(hereinafter referred to as “MSRTC”) from entering into the
premises of Hon’ble Minister Shri.Sharad Pawar at his bungalow
namely Silver Oak. Police got secret information that mob of 90100 persons was moving towards the bunglow. On 08/04/2022 at
3.00 p.m., mob was pelting stones and chappals towards bunglow.
In that incident, colleague of the informant namely Avhad was
unconscious. He was admitted to the Breach Candy Hospital.
Informant sustained injury to his little finger and got treatment at
medical store. Accordingly, he lodged FIR on the same day for the
offence punishable U/s.142, 143, 145, 147, 149, 353, 332, 333,
448, 452, 107, 120B of Indian Penal Code and U/s.37 r/w. 135 of
Maharashtra Police Act.
3
Applicant is the employee of the MSRTC. Applicant
alongwith co-accused was on strike from couple of months. As per
case of the prosecution, leader of applicant namely Adv.
Dr.Gunratna Sadavarte was behind the crime and mastermind of
the crime. Allegation against him in addition to above is that he
has collected money from the employees and purchased property
for self and misappropriated the amount.

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B.A.No.1086 of 2022
There is no grievous injury either to informant or his
colleague Avhad. Avhad was discharged from Breach Candy
Hospital on the same day.

On the same day, he had made a
complaint to the doctor about stomach pain since sometime back
with exertion. On the next day, he was admitted to J.J. Hospital
under Dr.SRB unit and he was discharged from the hospital on
15/04/2022.

As per say of the prosecution, he is still under
treatment and admitted in hospital.
different from the say.

However, documents are
Apparently, Section 333 of IPC is not
attracted in the absence of any grievous injury. Rest of the offences
are punishable for five years, so far applicant is concerned. Further,
on the ground of parity as the co-accused were released on bail as
per order in B.A.No.894 of 2022, B.A.No.903 of 2022 and B.A.1000
of 2022, I am inclined to allow the application. Hence, I pass
following order.
ORDER
1
Bail Application No.1086 of 2022 is hereby allowed.

2
Applicant Dipak Nivrutti Jagdale in C.R.No.132 of 2022
of Gamdevi Police Station, Mumbai for the offence punishable
U/s.142, 143, 145, 147, 149, 353, 332, 333, 448, 452, 107, 109,
120B, 335, 440, 406, 409, 201, 204 of Indian Penal Code and
U/s.37 r/w. 135 of Maharashtra Police Act be released on bail on
executing PR bond of Rs.10,000/- with one surety of the same
amount.

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B.A.No.1086 of 2022
Applicant to furnish his detailed address, phone number
at the time of furnishing bail.
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Bail before the Court attending remand.

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Applicant to attend Gamdevi Police Station, Mumbai as
and when called by the investigating officer.
6
Applicant shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the accusation against himself so as to dissuade him from
disclosing such facts to the Court or to any police officer.
7
Applicant shall not leave India without previous
permission of the Court.
8
Bail Application is disposed off accordingly.

( R. M. Sadrani )
Addl. Sessions Judge, Sessions Court,
Dated :10/05/2022.
Gr. Mumbai
Dictated on
:10/05/2022.
Transcribed on :10/05/2022.
Signed on
:10/05/2022.

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B.A.No.1086 of 2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 10/05/2022.
TIME:04.25 p.m.

(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room Shri. R. M. Sadrani, Judge, C.R.No.37.
No.)
Date
of
pronouncement
Judgment /Order
of 10/05/2022.

Judgment/Order signed by P.O. on
10/05/2022.

Judgment/Order uploaded on
10/05/2022.