BA.No.1174/2022
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IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 1174 OF 2022
(CNR NO.: MHCC02­006450­2022)
Mohit Madan Garud
Age: 30 years, Occ: Service
R/o: Ramabai Colony, Near
Baudhavihar,P.I. Lokhande Marg,
Chembur, Mumbai­400 089.

…Applicant/Accused.

VERSUS
The State of Maharashtra.
( At the instance of Tilak Nagar Police
Station vide C.R. No.386/2022)
…Respondents/State.

Appearance:­
Mr. Aslam Shaikh Advocate for the Applicant/Accused.
Mr. Ramesh Siroya, APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 20th May, 2022.
ORDER
1.

This is an application under Section 439 of Cr.P.C. for bail by
applicant/accused Mohit Madan Garud, in Crime No.386 of 2022 under
Sections 353, 332, and 504 of the Indian Penal Code, registered at
police station Tilak Nagar, Mumbai.
2.

Mr. Aslam Shaikh Advocate for applicant/accused has submitted
that applicant is innocent and he has not committed any crime.
Accused never abused to Junior Engineer of B.M.C. Applicant while in
judicial custody had sustained heart attack. Accused is ready to abide
by the conditions, if any imposed by the Court. He prayed to release
the accused on bail.
3.

Mr. Ramesh Siroya, learned A.P.P. for the State has admitted that
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accused had heart­attack while he was in judicial custody. However,
according to him, if the accused is released on bail, then he will
abscond. He prayed to reject the application.
4.

I have perused the F.I.R. and say of prosecution.

Offence
punishable under Sections 353, 332, read with Section 34 of I.P.C. is
registered against the accused. It is alleged that accused assaulted to
Junior Engineer of B.M.C. and abused him.

However, there is no
recovery or discovery at the instance of accused.
interrogation is not necessary.

His custodial
He is permanent resident of given
address. Further, he had suffered heart­attack in jail. Considering the
facts and circumstance of the case, I find that the accused is entitled for
bail. Hence, I pass the following order.
Order
1.

Bail Application No.1174 of 2022 is hereby allowed.

2.

Applicant/Accused namely Mohit Madan Garud, in C.R.No.386 of
2022, registered with Tilak Nagar Police Station for the offence
punishable under Sections 353, 332, 504 of I.P.C., he shall be
released on his executing PR Bond of Rs.15,000/­ (Fifteen
Thousand only) with one or more sureties of the like amount on
the conditions that :­
a)
He shall attend the dates of hearing regularly unless
exempted by the court.
3.

He be released on provisional cash bail of Rs.15,000/­. Duration
of provisional cash bail shall be for four weeks.

4.

Bail before Ld. Magistrate.

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Bail Application No.1174/2022 is disposed of accordingly.
GIRISH
BALKRISHNA
GURAO
Digitally signed by
GIRISH
BALKRISHNA
GURAO
Date: 2022.05.24
15:37:29 +0530
(G.B.Gurao)
Additional Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay.
Dictated on
: 20.05.2022
Transcribed on
: 24.05.2022
Date of sign of HHJ. : 24.05.2022
BA.No.1174/2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
24.05.2022.
UPLOAD DATE AND TIME
Mrs. Pradnya S. Naik
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)

HHJ SHRI.G.B.Gurao,(C.R.No.17)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
20.05.2022.

Order signed by P.O. on
24.05.2022.

order uploaded on
24.05.2022.