MHCC020000532024 IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO.05 OF 2024 IN C.R.NO.322 OF 2023

Manthan Baliram Jadhav
Aged about 24 years, Indian
Inhabitant, Resident of B-401,
Mulund Sneh Bandhan, C.H.S.,
MHADA Colony, Mulund (E),
Mumbai – 400 081 Presently at Thane Central Prison …Applicant

Vs.

The State of Maharashtra (Through Navghar Police Station vide C.R.No.322/2023) …Respondent

CORAM: HH THE ADDL.SESSIONS JUDGE SHRI. V. M. SUNDALE (Court Room No.27) DATE : 03rd January 2024

Shri Wahab Khan, learned advocate for applicant.
Ms. Ratnavali Patil, learned APP for State/Respondent

ORDER

01. The applicant viz., Shri Manthan Baliram Jadhav has filed this application under Section 439 of the Code of Criminal Procedure for bail in connection with Crime No.322/2023 registered in Navghar
Police Station, Mumbai for the offence under Section 353, 504 and 506 of the Indian Penal Code, on the allegations that the applicant assaulted and obstructed the informant while he discharging public duty.

02.The investigating officer through learned APP filed reply (Exh.02) and opposed the application. It is contended that the offence is serious. The informant is public servant and discharge duty within his
jurisdiction. The applicant is aggressive. It is further contended that the investigation is at primary stage. The statement of witnesses yet to be recorded. According to the investigating officer, in such circumstances if the applicant released on bail there is possibility of committing similar offence, pressurizing the prosecution witnesses, hampering the investigation and fleeing away from justice. Hence, the investigating officer prayed to reject the application.

03.Heard Shri Wahab Khan, learned advocate for applicant and Ms. Ratnavali Patil, learned APP for the prosecution.

04.I have carefully gone through record with reference to submission of both the sides. The name and role of the applicant is mentioned in First Information Report. It is alleged that on 28/11/2023 at about 11.20 a.m. the informant was going to the house of Chief Minister for controlling traffic. The informant when reached in front of Manthan Hotel under Navghar Junction Bridge, at the relevant time applicant was proceeding on his motorcycle. The informant blow horn but the applicant did not give side. He was hearing music on headphones while driving motorcycle. Thereafter the informant gave hand sign to the applicant and asked him are you unable to hear.

Thereupon the applicant abused him in filthy language, assaulted him and obstructed in his public duty. It appears that after registration of offence the investigating officer arrested the applicant on 28/12/2023 at about 4.49 p.m. and produced before the learned Metropolitan Magistrate. The applicant was remanded to judicial custody at the instance of investigating officer. The presence of the applicant is not necessary for any recovery or discovery. The application filed by the applicant to release him on bail came to be rejected by the learned Metropolitan Magistrate merely on the ground that the offence u/s. 353 of the Indian Penal Code is triable by the Court of Sessions. The investigating officer opposed the application mainly on the ground that statement of the witnesses yet to be recorded and there is possibility of committing similar offence. The applicant is not hardened criminal. There are no extra ordinary circumstances to keep the applicant in jail and complete remaining part of investigation. The apprehension placed on record by the investigating officer can be taken care of by imposing certain conditions. In the facts and circumstances of case, the application filed by the applicant to release on bail is liable to be allowed. Hence, the following order is passed.

ORDER

1.Criminal Bail Application No.05 of 2024 is allowed.

2.The applicant Manthan Baliram Jadhav be released on bail in Crime no.322/2023 registered in Navghar Police Station for the offences under Section 353, 504 and 506 of the Indian Penal
Code on his executing P.R.Bond of Rs.15,000/- (Rupees Fifteen Thousand) with one or two sureties of the like amount.

3.The applicant and his surety shall provide their respective mobile numbers, e-mail address and documents pertaining to place of residence.

4.The applicant shall not directly or indirectly make any inducement, threat or pressurize any person acquainted with the facts of the present case so as to dissuade him from disclosing such facts to the Court.

5.The applicant shall not leave India without prior permission of the Court.

6.The applicant is directed to attend the Navghar police station once in a week i.e. on every Tuesday between 11.00 a.m. to 1.00 p.m. till filing of charge-sheet and co-operate the investigating agency.

7.Provisional cash bail in the like amount is allowed. The applicant shall furnish surety within four weeks from the date of release from jail, failing which the cash bail shall stand forfeited without any separate order.

8.Breach of any conditions by the applicant shall result in cancellation of bail.

9.Bail before learned Metropolitan Magistrate Court.

10.Thus, Criminal Bail Application No.05 of 2024 stands disposed of.

03/01/2024 VIRBHADRA MAHADAPPA SUNDALE Digitally signed by VIRBHADRA MAHADAPPA SUNDALE Date: 2024.01.04 17:33:40 +0530 (V. M. Sundale) Addl. Sessions Judge, City Civil & Sessions Court, Gr. Mumbai B.A.05/2024 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” Upload Date Upload Time 04/01/2024 5.30 p.m. Name of Stenographer
Mrs. M.S. Putta Name of the Judge (With C.R. No.) Date of Pronouncement JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27) of 03/01/2024 JUDGEMENT /ORDER signed by P.O. on
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