B.A.1633/2022
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IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 1633 OF 2022
( CNR NO.: MHCC020088432022 )
1. Edwin Edward Fernandes
Age: 23 Years,
R/o: Room No.511, Muktabai
Chawl, Siddarth Nagar,
Ghatkopar (W) Mumbai.
2. Ashlyn Patric Fernandes
Age: 19 years Occ: Student
3. Joel Joseph Mattos
Age: 28 years Occ: Service
Both 2 & 3 R/o: Room no.6,
C20, Municipal Colony, S.G.
Barve Nagar, Bhattwadi,
Ghatkopar (W) Mumbai.
…Applicants/Accused.
V/s.
The State of Maharashtra.
( At the instance of Ghatkopar P.Stn.
Vide C.R. No. 600/2022)
…Respondents/State.
Appearance:
Mr. Rahul Dange Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : S.M. MENJOGE, THE ADDL.
JUDGE (C.R.17)
DATE : 11/07/2022.
ORDER
1]
This is an bail application filed by applicant Nos.1] Edwin
Edward Fernandes 2] Ashlyn Edward Fernandes 3] Joel Joseph
Matto for grant of bail u/s. 439 of the Cr.P.C., in Crime no. 600/2022
for the offence punishable u/s. 323, 326, 504, 143, 147,148, 149 of the
B.A.1633/2022
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Indian Penal Code registered at the Police Station P.S. Ghatkopar, upon
the report of Vaibhav Prakash Patil.
2]
The prosecution case in brief is as under ,
That the complainant Vaibhav Patil lodged report that on
19.6.2022 at about 11 p.m., he was standing with his friend Namit
Amre and Ganesh Jadhav near Ramji nagar bridge Ghatkopar. 1] Edwin
Edward Fernandes 2] Ashlyn Edward Fernandes 3] Karan Shinde came
there. They were armed with hockey stick, Bomboo and sharp weapon.
They surrounded complainant and started beating him. Athyl Fernandes
dealt blow of hockey stick on head of complainant. Adwin Fernandes
dealt blows of sharp weapon on back and other part of body, Jedun
Mathew dealt blow of bamboo and Jewel Mathew had beaten by hands
and kicks. Karan Shinde had dealt blow of knife on waist of
complainant. Complainant was taken to Rajawadi hospital and after
treatment he went to police station and lodged report. Based on these
allegations, offence came to be registered.
3]
Adv. Mr. Rahul Dange for
the applicant submitted
that
applicants have not committed any offence as alleged by the
prosecution. Alleged incidence took place from quarrel for parking the
motorcycle and escalated to scuffle. Investigating officer has recovered
weapons used in the alleged incidence. Applicants are arrested on
20.6.2022 and 21.6.2022. Since, they are in jail. Their further detention
in jail is not necessary. Hence, applicants prayed for grant of bail.
4]
I.O. has filed his say and strongly opposed the application. He
submitted that the investigation is going on and if the applicant accused
B.A.1633/2022
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are released on bail, they pressurize witnesses. Therefore, he prayed for
rejection of application.
5]
Heard both sides. They both supported their contentions. Perused
the case diary.
6]
I have gone through the Law laid down in respect of grant or
refusal of bail, in following cases by the Hon’ble Supreme Court :
1]
Sanjay Chandra Vs C.B.I., 2011 (13) SCALE 107,
2]
Moti Ram Vs State of M.P., (1978) 4 SCC 47;
3]
Babu Singh Vs State of U.P.,(1978) 1 SCC 579;
4]
Vaman Narain Ghiya Vs State of Rajasthan,
MANU/SC/8394/2008 : (2009) 2 SCC 281;
5]
Siddharam
Mhetre
Vs
State
of
MANU/SC/1021/2010 : (2011) 1 SCC 694,
6]
VivekKumarVs State of U. P., (2000) 9 SCC 443;
7]
Prahlad Singh Bhati Vs NCT, Delhi,(2001) 4 SCC 280;
8]
State of U.P. Vs Amarmani Tripathi,(2005) 8 SCC 21;
9]
Gurubaksh Singh Sibbia..Vs… State Of Punjab
AIR 1980 SC 1632, 1980 SCR (3) 383
Maharashtra,
10]
Prahlad Singh Bhati v. NCT, Delhi (2001)4 SCC 280
11]
Gurcharan Singh v. State (Delhi Admn).(1978)1 SCC 118.
12]
Kalyan Chandra Sarkar v. Rajesh Ranjan (2004)7 SCC 528
13]
Ram Govind Upadhyay v. Sudarshan Singh
B.A.1633/2022
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(2002)3 SCC 598
14]
Puran v. Rambilas (2001 )6 SCC 338).
15] Neeru Yadav vs State of UP,AIR 2015 SC 3703
16] Sharad Kumar..Vs…C.B.I, MANU/DE/2374/2011
and considered following factors while deciding this bail application :
(i)
Whether there is any prima facie or reasonable ground to believe
that the accused had committed the offence;
(ii)
Nature and gravity of the charge;
(iii)
Severity of the punishment in the event of conviction;
(iv)
Danger of the accused absconding or fleeing,
if released on bail;
(v)
Character, Behaviour, Means, Position and Standing of the
accused;
(vi)
Likelihood of the offence being repeated;
(vii) Reasonable apprehension of the witnesses
being tampered with and
(viii) Danger of justice being thwarted by grant of bail.
7]
From the perusal of the case diary, it is revealed that,
complainant was not admitted in the hospital. He himself went to the
police station to lodge report. There is no medical certificate of
complainant. Investigating officer in his reply has stated that weapons
are recovered. Health condition of complainant is good. Offence is
triable by Magistrate. Further detention in jail is not necessary. Hence, I
pass the following order.
ORDER
1.
Bail Application No. 1633/2022 is hereby allowed.
B.A.1633/2022
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2.
Order
Applicants/accused no. 1] Edwin Edward Fernandes
2] Ashlyn Edward Fernandes 3] Joel Joseph Matto
in C.R.No.600 of 2022 registered with Ghatkopar
police station for the offence punishable under
Sections 323, 326, 504, 143, 147,148, 149 of IPC,
shall be released on his executing PR Bond of
Rs.15,000/ each (Fifteen Thousand only) with one
surety of the like amount on the conditions that :
a)
They shall not pressurize the prosecution
witnesses in any manner.
b)
They shall not commit any offence while on
bail.
c)
They shall attend the dates of Court regularly
unless exempted by the Court.
d)
They shall furnish his correct address to the
investigating officer.
3.
They be released on provisional cash bail of
Rs.15,000/ each. Duration of provisional cash bail
shall be for four weeks.
4.
Bail before Ld. Magistrate.
5.
Bail Application No.1633/2022 is disposed of
accordingly.
Dictated on
Transcribed on
Date of sign
: 11.07.2022.
: 11.07.2022.
: 11.07.2022.
Digitally signed
by SHASHANK
MANOHARRAO
SHASHANK
MANOHARRAO MENJOGE
MENJOGE
Date:
2022.07.11
16:42:04 +0530
( S.M. MENJOGE )
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
B.A.1633/2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
11.07.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
S.M. MENJOGE, Addl. Judge.,City Civil &
Sessions Court, (C.R.No.17).
Date of pronouncement of /Order
11.07.2022.
Order signed by P.O. on
11.07.2022.
order uploaded on
11.07.2022.