IN THE COURT OF SESSIONS FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.1821 OF 2022
CNR. NO.- MHCC-02-009840-2022
Durgaprasad Hari Shankar Varma @ Lala
Age : 21 years Occ: Business.
R/a: Room No.4, Renuka Chawl,
Near Datta Mandir, Jyotrling Nagar,
Mankhurd (W), Mumbai-400 043.
… Applicant/Accused
Versus
State of Maharashtra
(At the instance of Mankhurd
Police Station.)
… Respondent.
Ld. Advocate Mr. Kewat for applicant/accused.
Ld.APP Mr. Ramesh Siroya for the State.
CORAM : HIS HONOUR THE ADDL.SESSIONS JUDGE
SHRI.M.S.KULKARNI (C.R.NO.56)
DATED : 18th August, 2022.
(DICTATED AND PRONOUNCED IN OPEN COURT)
ORAL ORDER
.
This bail application is in respect of C.R.No.648/2022
registered with Mankhurd Police Station dated 27.6.2022 for the
offences punishable under Sections 326, 323 read with Section 34 of
the I.P.Code and Section 37 (1) (a), 135 of the Maharashtra Police Act.
2.
The accused was arrested on 15.7.2022. He was in police
custody till 19.7.2022. Since 3..8.2022 he has been in judicial custody.
3.
From the FIR it is visible that the applicant/accused and
victim Anand Rajbhar are the friends of each other. The FIR was lodged
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by the brother of the victim namely Satish Rajbhar.
As per his
contention he is auto rickshaw plyer. On 25.6.2022 around 11.30 p.m.
when he was with his auto rickshaw, he received call from his friend
Saddam Husain informing him that the victim (his brother Anand) was
admitted in Rajawadi hospital. So the first informant immediately
rushed at the Rajawadi hospital.
There he found that the victim was
not in condition to speak. So when the first informant enquired with
Navaj Khan, he informed that on relevant date at around 9.30 p.m. the
victim alongwith Niyas Ansari and Navaj Khan had been at water pipe
which is benith, the over bridge at Mankhurd railway Station. The
applicant/accused came there at. Then when they were talking with
each other, the dispute started in between the applicant/accused and
victim. The mother of the applicant/accused who is vegetable vendor
was also there and she tried to control both of them. But meanwhile
the applicant/accused took the knife available on the shop of his mother
and stabbed the victim from front side. Because of that he suffered
giddiness and so he was immediately taken to the Apex hospital, where
from then to Sandhya Hospital and at last to Sion hospital.
4.
The applicant/accused has asked for bail on the grounds
that; the Section 326 of the IPC does not attract in the present matter;
at the most Section 335 of the IPC is attracted. Further the medical
report of the Sandhya hospital discloses that the victim had suffered
injury on his right hand, when the prosecution case is that victim had
suffered stabbed injury on stomach. It is also alleged that when at one
point of time FIR discloses that the victim was taken at Rajawadi
hospital. The other part of the FIR says that the victim was never taken
at Rajawadi Hospital. Further the victim has already been discharged
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from the hospital. He is doing all his regular pursuance. The applicant/
accused is permanent residence of Mumbai.
There is no criminal
antecedent against him. He is ready to abide by the terms and
conditions.
5.
The prosecution has objected bail on the ground that;
investigation is still in progress; if applicant/accused released on bail he
will flee from justice.
6.
I heard advocate Mr. Kewat for the applicant/accused and
Learned APP Mr. Siroya for the prosecution.
7.
Advocate for the applicant/accused tried to point out me
how the prosecution case is take about stabbing into the stomach of the
victim but I am not convinced because medical documents put on
record disclose that the victim has sustained stabbing injury on stomach
more particularly at middle of the stomach and one CLW injury at right
hip.
Whatever may be what is the present condition of the
applicant/accused is not put by the prosecution. The prosecution has
not denied the contention of the applicant/accused that the victim has
been discharged from the hospital.
In such situation only on the
grounds as generally raised to object the bail, it is not proper to deny
the bail to the applicant/accused. But considering the seriousness of
the offences and safeguard the interest of the victim and the state, some
stringent conditions needs to be put on the applicant/accused.
Accordingly final order is as;
ORDER
1.
Bail Application No.1821 of 2022 is allowed.
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2.
Accused/applicant Durgaprasad Hari Shankar Varma is released
on bail in C.R.No. 648/2022 on furnishing PB and SB of Rs.30,000/-(Rs.
Thirty Thousand) with one or more sureties in the like amount.
3.
Provisional cash security of Rs. 30,000/- is allowed which will
remain in force for two months. Meanwhile applicant/accused has to
furnish surety as directed above.
4.
Applicant/accused is directed to attend Mankhurd police station
on every Wednesday in between 10.00 a.m. to 11.00 a.m. till filing of
the charge-sheet.
5.
Applicant/accused shall not meet the first informant and
witnesses for one year.
6.
Applicant/accused shall not flee from justice.
7.
Applicant/accused shall not tamper with the evidence and co-
operate with the investigating officer in investigation.
8.
Bail before trail Court.
9.
Bail Application No.1821/2022 stands disposed off accordingly.
Date : 18.08.2022.
Dictated on
Typed on
Draft checked on
Retyped on
Signed on
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18.08.2022.
20.08.2022.
22.08.2022
23.08.2022
23.08.2022
(M.S.Kulkarni)
Addl.Sessions Judge,
City Civil and Sessions Court,
For Greater Bombay
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
: 24.08.2022 at 12.03 p.m.
: Mrs.Prajakta K. More
NAME OF THE JUDGE
HHJ SHRI.M.S.Kulkarni
(C.R.No.56)
Date of Pronouncement of Order
18.08.2022
Order signed by the P.O. On
23.08.2022
Order uploaded on
24.08.2022