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B.A. 1713 OF 22
MHCC020093382022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
BAIL APPLICATION No. 1713 OF 2022
Mr. Gyandev Shripati Navghane
Age : 46 years, Occ : Business,
Residing at M.M.R.D.A. Colony,
Near Tower, Bldg. No.9, R.No.217,
Sahjeevan CHS, Chembur,
Mumbai 400 074
Versus
The State of Maharashtra
(Through Dadar P. Station
vide Cr. No.448/2022)
…Applicant
… Respondent
Appearance :
Mr. Vijay P. Agale, Advocate for applicant.
Mr. Lade A.P.P. for respondent.
CORAM : SHRI. S.D. KULKARNI,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 27/07/2022.
ORDER
1.
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail.
2.
The applicant / accused is prosecuted in C.R.No.448/2022
for the offences punishable u/sec.326, 324 of IPC.
3.
Perused the application, say filed by the prosecution. Heard
both advocates at length.
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4.
B.A. 1713 OF 22
The advocate for the accused submitted that accused was
arrested on 02.07.2022. Firstly he has gone through police custody and
since 04.07.2022 he is in judicial custody. The advocate for the accused
submitted that the investigation is almost over, nothing is to be
recovered from the accused. There is a cross case filed against the
applicant / accused therefore accused prayed for releasing him on bail.
5.
On going through the reply filed by the prosecution it
reveals that the weapon used in the offence was seized by the police
from the spot of incidence. The Investigating Officer recorded the
statement of witnesses. During the course of hearing both parties
admitted that no one was admitted in the hospital. All injured were
discharged. Therefore, in my opinion custodial interrogation of the
accused is not necessary it is not fruitful to keep the accused behind the
bar for indefinite period therefore, accused is entitled to release on the
bail. Considering this, I pass the following order.
ORDER
1]
Bail Application No.1713 of 2022 is allowed.
2]
Applicant / Accused Gyandev Shripati Navghane arrested in
CR.No.448/2022 under Section 326,324 of IPC registered at Dadar
Police Station be released on P.B. and S.B. of Rs. 25,000/ with one or
two surety/s.
3]
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4]
The applicant / accused shall attend the concerned police station
on every sunday between 07:00 p.m. to 09:00 p.m. till further order.
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5]
B.A. 1713 OF 22
Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6]
The applicant / accused shall not leave India without prior
permission of the Court.
7]
Bail before the learned Trial Court.
SANTOSH
DIGAMBAR
KULKARNI
Date : 27/07/2022.
Digitally signed
by SANTOSH
DIGAMBAR
KULKARNI
Date:
2022.07.30
15:45:47 +0530
( S.D. Kulkarni )
Additional Sessions Judge,
Gr. Mumbai.
Dictated on
Transcribed on
Signed by HHJ on
: 27.07.2022
: 28.07.2022
: 29.07.2022
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B.A. 1713 OF 22
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
29/07/2022
03:00 p.m.
UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
S.D. Kulkarni
Court Room No. 30.
Date of Pronouncement of ORDER 27/07/2022
ORDER signed by P.O. on
29/07/2022
ORDER uploaded on
29/07/2022