1
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 1036 OF 2022
(CNR NO.HCC020058602022)
Hemant Maruti Golambade
Age : 42 years, Occ.: Service,
R/at : Room No.7, Ghodapdev D P Wadi,
Near Gotheshwar Mandir, Byculla,
Cotton Exchange, Maharashtra 400033.
…Applicant /Accused.
Vs.
The State of Maharashtra
(At the instance of R.A.K. Marg Pol. Stn.)
… Respondent
Appearances :
Ms. Tejasvee R. Lad, Ld. Advocate for the Applicant.
Ms. Ratnavali Patil, Ld. APP for the State/Respondent.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI B.V. WAGH
(C.R. NO.24)
TH
DATED : 13 MAY, 2022.
(ORAL ORDER)
Dictated and pronounced in the open Court)
This bail plea is moved by applicant seeking his release on
bail under Section 439 of Cr. P.C. in connection with C.R. No.181 of
2006 registered with R.A.K. Marg Police Station for the offence
punishable under Sections 332, 353, 34 of Indian Penal Code.
2.
Prosecution case reveals that the applicant and coaccused
were facing a criminal prosecution for the offence punishable under
Section 399 r/w 34 of IPC and they were produced before the Court for
the appearance at Sewree. At that time, they misbehaved with the
squad and thereby deter them in discharge of their duty. Accordingly,
the aforesaid crime is registered against them. On due investigation, the
2
chargesheet is filed, however, applicant did not turn to Court to mark
his appearance. On 10.12.2019 and 2.12.2021 the Ld. Metropolitan
Magistrate issued nobbailable warrant against the applicant. Concern
police has executed the nobbailable warrant against the applicant on
24.03.2022 and produced him before the Court, wherein he was taken
in judicial custody. The applicant moved the application for bail before
the Ld. Metropolitan Magistrate, however, the Ld. Metropolitan
Magistrate has turn down the bail plea of the applicant. Thus, the
applicant is before this Court.
3.
Heard both the sides and perused the say and annexure.
4.
On going through application, it’s annexure and say, it
appears that applicant was arrested on execution of nonbailable
warrant due to his absence. The proceeding pending before the Ld.
Metropolitan Magistrate is prolonged due to absence of applicant. The
Ld. Advocate for the applicant urged that applicant was unknown of the
proceeding against him. His absence is not intentional or deliberate. It
appears that applicant has learn the lesson of his absence and he would
mend his way in future. Considering the nature of accusation, it is
desirable to enlarge the applicant on bail. Hence, the following order :
ORDER
1.
Criminal Bail Application No. 1036 of 2022 is allowed.
2.
Applicant/accused Hemant Maruti Golambade be released on bail
on his furnishing P.R. Bond of Rs.15,000/ along with one surety
of like amount in connection with C.R. No.181 of 2006 registered
with R.A.K. Marg Police Station for the offence punishable under
Sections 332, 353, 34 of Indian Penal Code.
3.
Applicant/accused shall furnish his residential address proof and
3
contact numbers to Investigating Officer.
4.
The applicant/accused shall not directly or indirectly, make any
inducement, threat or promise 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.
5.
Applicant/accused shall not leave India without the previous
permission of the Court.
6.
Bail before Lower Court.
7.
Criminal Bail Application No.1036 of 2022 stands disposed of
accordingly.
Date : 13.05.2022
Dictated on
: 13.05.2022
Transcribed on : 13.05.2022
HHJ signed on : 13.05.2022
[B.V. WAGH]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
4
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
13.05.2022
Upload Time
3.30 p.m.
Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With Court HHJ SHRI. B.V. WAGH (CR 24)
Room No.)
Date
of
Pronouncement
JUDGMENT /ORDER
of 13.05.2022
JUDGMENT /ORDER signed by P.O. 13.05.2022
on
JUDGMENT /ORDER uploaded on
13.05.2022