BA 166/22
1
ORDER
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION 166 OF 2022
( CNR NO.: MHCC020009062022 )
Ganesh Balu Nadar,
Age: 50 Yrs, Occ: Service,
R/at. Indira Nagar,
03 Behind Shiv Sena Office,
J. N. Road, Mulund (W)
…Applicant/Accused
V/s.
The State of Maharashtra,
( At the instance of Mulund Police
Station vide C.R.No.1011/21)
…Respondent/State.
Appearance:
Mr. Rao Ranjeet, Advocate for the applicant/Accused.
Smt. Seema Deshpande, addl. PP for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
DEEPAK L. BHAGWAT (C.R.60)
DATE : 14.02.2022
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on bail in
Crime No. 1011 of 2021 registered at Mulund Police Station for
offences punishable under Section 326, 323, 324, 504, 506 (2) r/w.
Section 34 of Indian Penal Code.
2.
The prosecution case is that on 29.10.2021 the applicant
abused the informant and assaulted him by bamboo and caused head
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ORDER
injury to the informant. The incident took place on account of passing
of urine.
3.
The learned advocate on behalf of the applicant argued
that there is contradiction in the FIR and the informant’s supplementary
statement. The informant himself was under the influence of liquor.
Other accused has been already released on bail. The weapon has been
recovered. Therefore, he requested to allow the application.
4.
On the other hand learned APP argued that name of the
applicant was made clear later by the informant in supplementary
statement. The weapon has been recovered. Thus, there is prima facie
case against the applicant. Investigation is in progress. Therefore, she
requested to reject the application.
5.
It is apparent that in the FIR the informant referred the
name of Aditya Nadar as the person who assaulted him by bamboo.
However, in the supplementary statement he stated that the person
assaulting him by bamboo is Ganesh Nadar (applicant) i.e. the father of
Aditya. This circumstance at this stage leans in favour of the applicant.
That apart, the weapon has already been seized. The informant has
already been discharged from the hospital. Police custody period of the
applicant is over. No propriety to detain the applicant for further period.
Better to direct him to cooperate in the investigation by attending the
police station. The offences are triable by the Metropolitan Magistrate.
Considering all these circumstances it is just and proper to grant the bail
subject to appropriate conditions. Hence, order as follows is passed:
:ORDER:
1. The Bail Application No.166 of 2022 is allowed as under.
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ORDER
2. The applicant accused namely Ganesh Balu Nadar be released on
bail on executing personal bond of Rs.20,000/ and one or two solvent
sureties of the same amount in Crime No. 1011 of 2021 registered at
Mulund Police Station.
3.
Cash security of Rs.20,000/ is permitted provisionally for the
period of 1 month in lieu of the surety bond.
4
The accused shall attend the Mulund Police Station on every
Monday in between 10.00 am to 12.00 pm till filing of the chargesheet.
5.
The accused shall submit a list of atleast 3 blood relatives with
their detailed residential addresses and also the addresses of their place
of work if any, and documentary proof of showing the correctness of the
details provided by them.
6.
The accused and the surety shall inform the police authorities as
well as the trial court, the change of their residential address while the
accused is on bail.
7.
The accused shall submit copies of at least 2 documents amongst
the Pan Card, Adhar card, Ration card, Electricity Bill, Voter ID card
issued by the election commission or the documents in respect of
immovable properties owned by him.
8.
After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
9.
The accused shall not make any inducement or threat to any
person acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer or tamper with
the evidence.
10.
The accused shall not leave territorial limits of India without prior
permission of the court.
11.
Conditions No. 5 to 8 shall be complied with simultaneous to the
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ORDER
furnishing of the cash security or the surety bond whichever is earlier.
12.
Bail before the Court of Metropolitan Magistrate.
Digitally signed
by DEEPAK
LAXMANRAO
DEEPAK
LAXMANRAO BHAGWAT
Date:
BHAGWAT
2022.02.15
17:56:57 +0530
(Deepak L. Bhagwat)
Addl. Session Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 14.02.2022
: 15.02.2022
: 15.02.2022
BA 166/22
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ORDER
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
16.02.2022, 05.50pm
UPLOAD DATE AND TIME
Mrs. Revati V. Kadam
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ Deepak L. Bhagwat,(C.R.No.60)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
14.02.2022
Order signed by P.O. on
15.02.2022
order uploaded on
15.02.2022