MHCC020022222024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.300 OF 2024
IN
CRIMINAL APPEAL NO.78 OF 2024
Gaurav Yashwant Kesarkar,
Indian Inhabitant, Age : 30 years,
Occ. : Business,
Residing at : Flat No.716, 7th Floor,
Janta Nagar C.H.S., Tardeo, Mumbai.

…
Applicant/
Org. Accused
Versus
The State of Maharashtra,
(Gamdevi police station).

…
Respondent/
Org. Complainant
Appearance :
Mr. Prashant Parab, Ld. Adv. for applicant.
Mr. Kishor Tadavi, Ld. Addl. P.P. for respondent/State.
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
K. P. SHRIKHANDE. (C. R. No.87)
DATED : 7th February, 2024.
ORDER
This
bail
application
is
filed
on
the
background
that
the
appellant/accused has been convicted by the learned trial Court by its
judgment and order dated 23/01/2024.

The appellant/accused has
been convicted for the offence punishable under section 325 of the
Indian Penal Code and sentenced to suffer Simple Imprisonment for one
­2­
BA 300/24 in CA 78/24
year and to pay a fine of Rs.1,000/­, and in default of payment of fine,
to suffer Simple Imprisonment for eight days.
2.

The learned A.P.P. has opposed the application by
submitting that the offence is serious and there is possibility of
absconding of the appellant. However, as the appellant was on bail
during the period of trial and as the appellant/accused has challenged
the legality and propriety of the judgment of conviction and the
sentence imposed by filing the appeal, and considering the same, as the
substantive sentence has been suspended, I am of the view that the
appellant/accused can be released on bail. In the result, I proceed to
pass the following order :­
ORDER
1.

Criminal Bail Application No.300 of 2024 is allowed.

2.

The appellant/accused Gaurav Yashwant Kesarkar shall be
released on bail on executing the P.R. bond of Rs.25,000/­ with
surety in the like amount.

3.

The appellant/accused to furnish bail before the trial Court within
one month.

4.

Liberty is given to the appellant/accused to furnish provisional
cash bail for one month.

5.

Criminal Bail Application No.300 of 2024 is disposed of
accordingly.

Date : 07/02/2024.

Typed on
Signed on
( K. P. SHRIKHANDE )
Additional Sessions Judge,
Gr. Mumbai, C.R. No.87 at Mazgaon.

: 12/02/2024.
:
­3­
BA 300/24 in CA 78/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
21/02/2024
11.30 a.m.

Bahushruta Y. Jambhale
Name of Stenographer
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT / ORDER
HHJ SHRI K. P. SHRIKHANDE
(COURT ROOM No.87)
of
07/02/2024
JUDGEMENT / ORDER signed by P.O.
on
20/02/2024
JUDGEMENT / ORDER uploaded on
21/02/2024