CRI. BA 1569/2022
1
ORDER
MHCC020085712022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1569 OF 2022
( CNR NO.: MHCC020085712022 )
Manish Aadesh Padangle
Age: 23 years, Occ.: Service.
Address Satyavijay Chawl,
D. B. Pawar Chok,
Ramabai Colony,
Ghatkopar (E),
Mumbai 400 077.
……Applicant/Accused
V/s.
The State of Maharashtra,
(At the instance of Pant Nagar
Police Station vide C.R.No.411/2022)
…Respondent/State.
Appearance:
Mr. Bharat Redij along with Mr. Sumedh Sonawane, Advocate for the
applicant/Accused.
Smt. Seema Deshpande, Ld. Addl.P.P., for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
ANAND PANDURANG KANADE (C.R.60)
DATE : 01.07.2022.
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on bail in
Crime No. 411 of 2022 registered at Pant Nagar Police Station for
offences punishable under Section 353 r/w. 34 of Indian Penal Code
and Section 142 of M.P.Act.
CRI. BA 1569/2022
2.
2
ORDER
Prosecution Case in brief is as under:
Nilesh Arunsingh Pardeshi, complainant is attached to Pant
Nagar Police Station. On 16.05.2022 at about 09:00 a.m., complainant
along with A.P.I. Kharat and P.I. Pokharkar were on bandobast duty at
Ramabai Nagar, near Ambedkar Statue, Ghatkopar (East). Police
Inspector Mr. Pokharkar received information that wanted accused
Sahil Kishore Pathare in some other crime has arrived at his place.
Therefore, P.I. Pokharkar directed the complainant and A.P.I. Kharat to
confirm about the same and directed them to take action against the
wanted accused. Thereafter, complainant and A.P.I. Kharat went at
Char Chowk Chawl, Ramabai Nagar, Ghatkopar (E) and they found that
accused Sahil was at his house. He was brought to Beat No.4, Ramabai
Colony. They were making inquiry with Sahil. At that time, present
applicant, coaccused Nitesh Sonawane and one unknown person came
there and started arguing with police. All the three accused surrounded
the police and helped accused Sahil to run away from that place. Police
tried to catch hold of accused Sahil but in vain. Then, applicant/accused
and other coaccused fled from the spot. Complainant, Nilesh Pardeshi
lodged report with Pant Nagar Police Station. On that basis, Crime No.
411 of 2022 has been registered against present applicant and other
accused. During investigation, I.O. arrested present applicant/accused
on 06.06.2022.
3.
The applicant/accused has filed the present application to
enlarge him on bail. The grounds raised by the applicant are that he co
operated with I.O. and his further custody is not essential. According to
applicant, there was no assault or use of criminal force by the applicant
when the alleged incident took place. Hence, section 353 of Indian
Penal Code is not applicable in the present case. There is nothing to be
CRI. BA 1569/2022
3
ORDER
recovered from the applicant. His further custodial interrogation is not
necessary. The investigation of crime is practically over. He is ready to
abide by the terms and conditions that may be imposed on him. He is
ready to cooperate with the police in the investigation. Hence, this
application.
4.
Ld. Addl.A.P.P. and I.O. filed their Say at Exh
2 and
opposed the bail application. It is submitted that coaccused Nitesh
Sonawane and one unknown person is absconding. There is possibility
of repetition of crime, if the accused is enlarged on bail. Investigation of
crime is going on. Hence, it is prayed to reject the bail application.
5.
Heard both the sides. Perused police papers are on record.
It reveals from it that I.O. visited the spot of incident and prepared Spot
Panchanama. He has also recorded the statements of witnesses. The
accused is under detention since 06.06.2022. His police custody period
is already over. There is no propriety for his further detention. For the
aforesaid grounds, I am of view that applicant is entitled to be released
on bail but on certain conditions.
:ORDER:
1.
The Criminal Bail Application No.1569 of 2022 is allowed as
under.
2.
The applicant accused namely Manish Aadesh Padangle 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. 411 of 2022
registered at Pant Nagar Police Station.
CRI. BA 1569/2022
3.
4
ORDER
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 Pant Nagar Police Station on every
Thursday in between 11.00 a.m. to 02.00 p.m. 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 Mumbai without
prior permission of the court.
11.
The accused shall not commit any offence similar to the offences
of which he is accused in the present matter.
12.
Conditions No. 5 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
CRI. BA 1569/2022
13.
5
ORDER
Bail before the Court of Metropolitan Magistrate.
Anand
Pandurang
Kanade
Digitally signed
by Anand
Pandurang
Kanade
Date:
2022.07.04
15:22:36 +0530
(Anand P. Kanade)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 01.07.2022
: 02.07.2022
: 04.07.2022
CRI. BA 1569/2022
6
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
04/07/2022 , 3.25 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Anand P. Kanade,(C.R.No.60)
Addl. Sessions Judge.,City Civil &
Sessions Court,
Date of pronouncement of /Order
01.07.2022
Order signed by P.O. on
04.07.2022
Order uploaded on
04.07.2022