B.A.05/2024
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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)
CORAM:
…Respondent
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
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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.

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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.

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4.

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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
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
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JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
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