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BA 845/24
MHCC020055322024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 845 OF 2024
Manish Raghunath Kondhalkar
Age : 26 Years, Occ. : Nil,
R/at : R. C. Mard, Opp. Swami Vivekanand
Degree College, Kokan Nagar,
Opp. Navjeevan Society, Chembur,
Mumbai 74.

…Applicant/Accused
Vs.
The State of Maharashtra
(Through Chunabhatti police station,
Mumbai.)

…Respondent/State
Appearances :Mr. Manoj Gowd, Ld. Advocate for Applicant/accused.
Mr. J. N. Suryawanshi, Ld. Addl. PP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.22)
DATED : 04th April, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.

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2.

BA 845/24
The Ld. Advocate for applicant submitted that applicant is
arrested by Chunabhatti police station in connection with Crime
No.369/2023 for the offence punishable under Sections 307, 326, 324,
141, 143, 148, 149 of IPC and Section 31(1)(A), 135 of Maharashtra
Police Act.

It is further contended that, Police not issued any notice
under Section 41 of Cr.P.C. Other accused have assaulted informant.
Applicant is falsely implicated in this case due to earlier dispute. No
prima facie case is made out. Nothing is recovered at the instance of
applicant during investigation. Charge-sheet is already filed by police
against other accused. Hence, prayed for grant of bail.
3.

The learned A.P.P. and Investigating Officer opposed the
application on the ground that weapon used in the crime is not yet to
be seized. If the applicant is released on bail there is possibility of
tampering of evidence of prosecution. Hence, prayed for rejection of the
application.
4.

In view of submission from both the sides and taking in to
consideration documents on record it is clear that, informant has
specifically alleged that applicant assaulted him with intention to kill by
sharp weapon. Due to assault informant sustained injuries on his head
and other body parts. From submission of prosecution it appears that,
charge-sheet is already filed against other accused. Sufficient custody
was granted to applicant for enabling prosecution for investigation.
Now investigation is completed and charge-sheet is filed against before
Ld. Metropolitan Magistrate. During investigation statements of
witnesses are recorded similarly weapon and other articles are seized
and collected. Other accused are released on bail by this court. In such
circumstances further detention of applicant is not required. In view of
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BA 845/24
protecting interest of prosecution by imposing conditions application
may be released on bail. Hence I pass following order:ORDER
1.

Criminal Bail Application No. 845 of 2024 is allowed.

2.

Applicant/accused Manish Raghunath Kondhalkar be released on
bail on furnishing P.R. Bond of Rs.25,000/- along with one or
more sureties in the like amount in connection with C.R.
No.369/23 registered with Chunabhatti police station.

3.

Applicant/accused shall attend Chunabhatti Police Station,
Mumbai, as and when required by Investigating Officer on notice.

4.

Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.

5.

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.

6.

Applicant/accused shall not leave India without previous
permission of the Court.

7.

Bail before learned Court below.

8.

Provisional cash bail allowed for eight weeks.

8.

Criminal Bail Application No.845 of 2024 stands disposed of
accordingly.

Date : 04.04.2024
Directly typed on computer on : 04.04.2024
HHJ signed on
: 04.04.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
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BA 845/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
Name of Stenographer
04.04.2024
5.30 p.m.

Mrs. Manasi Kadam
Name of the Judge (With Court
Room No.)
Date
of
Pronouncement
JUDGMENT/ORDER
of
HHJ A. A. KULKARNI
(Court Room No. 22)
04.04.2024
JUDGMENT/ORDER signed by P.O.
on
04.04.2024
JUDGMENT/ORDER uploaded on
04.04.2024