CNR No.

MHCC02-000944-2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.188 OF 2022
Krushna Bhagat Kunchikorve
Age – 28 year,
R/o – Pratap Nagar, Dhor Wada,
Cross Road, Dharavi, Mumbai-17
…
Applicant
…
Respondent
Versus
The State of Maharashtra
(At the instance of Police Station,
Kherwadi,
C.R.No.12/2022)
Appearance:
Mr. Selesh Pawar, Ld. Adv. for applicant.
Mrs. Kavita Bagal, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
February 5, 2022
ORDER
1.

Applicant Krushna Bhagat Kunchikorve is accused in
C.R.No.12/2022 registered with Kherwadi Police Station under
Ss.353,332 of IPC. He is praying for bail, contending that investigation
is almost over. Nothing is to be seized and he is behind bars from long
time when he is breadwinner of his family.

Prosecution strongly
opposed the application vide say (Exh.2) by reiterating the facts alleged
in the FIR and contended to reject the application on the grounds that
applicant is likely to repeat the crime and will not attend the Court
while filing chargesheet.
application.

With this, it is contended to reject the
.. 2..

BA No.188/2022
2.

Heard Ld. Adv. Selesh Pawar for the applicant and Ld.A.P.P
Mrs. Kavita Bagal. Following points arise for my determination. I am
recording following findings thereon for the reasons discussed below :POINTS
FINDINGS
1.

Whether the applicant-accused has made
out a strong prima-facie case to release him
on bail ?

Yes
2.

What Order ?

Application is
allowed.
REASONS
POINT NO.1.
FACTS INVOLVED IN C.R.No.12 OF 2022
3.

Informant Arun Sakharam Karbhal is police staff buckle
No.070614 attached to BKC Traffic Police branch, lodged FIR alleging
that on 12.01.2022 at 10.00 a.m. he joined duty alongwith Koli,
Savalkar. They alongwith other police staff were patrolling in the area
of police station. In the evening around 16.45 hours police constable
Thorat found four persons on the motorcycle. Therefore, he brought
them at police station. One person standing behind the motorcycle was
spitting in front of the police chowky. Mr. Thorat told him not to spit as
such. On this he stated, “eS b?kj ugh Fkqadk gWq ”. On this informant told him
whether he wants to spit, he should go out and spit. On this the said
person became angry and then picked the collar of the informant and
further gave blow of helmet on the left portion of face of the informant.
He also fetched the uniform of the informant.

Other police staff
intervened and rescued the informant. These are the facts.

BA No.188/2022
4.

.. 3..

It is material to note that, initially when the accused was
arrested, he was remanded to police custody from 13.01.2022 to
15.01.2022. Admittedly, the helmet was seized. There is no history of
the accused having committed any offence. Ld. Court of First Instance
rejected the application noting the reasons gravity of offence and
triability thereof by the Court of Session. It is also observed that there
is growing tendency of committing such type of offence. In my opinion
preliminary part of the investigation is over. Application has undergone
police custody remand, eversince he has been in jail. As noted above,
there is no history pointing his involvement in any other offence. It
appears that, incident occurred in a spur of moment.
breadwinner of his family.

Applicant is
Eversince he has been detained, he
understood the consequences of his act.

Therefore, in my opinion if
certain conditions are imposed on him, objections of prosecution can be
safeguarded. The only objection raised by the Investigating Officer is
that there is no possibility of attending the police and Court while filing
the charge sheet and possibility of repetition of crime. I, therefore hold
that if certain conditions are imposed on accused, these objections can
be safeguarded. In this background, I hold that applicant has made out
strong prima-facie case for releasing on bail. Therefore, Point No.1 is
answered in the affirmative and following order is passed :ORDER
1.

Bail Application No.188 of 2022 is allowed.

2.

Applicant Krushna Bhagat Kunchikorve be released on
bail in C.R.No.12/2022 registered with Kherwadi Nagar
Police Station by furnishing PR bond of Rs.15,000/- with
like amount of surety and on following conditions,
.. 4..

BA No.188/2022
i)
applicant shall undertake not to abscond and attend each
and every date of the Court for trial scrupulously.

ii)
applicant shall undertake not to pressurize or threaten
the Informant and prosecution witnesses in any manner.

iii)
applicant shall not leave
permission of the Trial Court.

2.

Applicant be released on provisional cash security of
Rs.15,000/- for a period of four weeks and shall abide
other conditions scrupulously.

3.

Bail before Ld. Court of first instance.

Mumbai
without
MADHAV
GOPAL
DESHPANDE
Dt.: 05.02.2022
Signed on
prior
Digitally signed
by MADHAV
GOPAL
DESHPANDE
Date: 2022.02.09
11:54:33 +0530
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 05.02.2022
.. 5..

BA No.188/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
09.02.2022 at
hours
UPLOAD DATE AND TIME
Name of the Judge
Date
of
judgment/order
pronouncement
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of 05.02.2022
Judgment/order signed by P.O. on
05.02.2022
Judgment/order uploaded on
09.02.2022