Omkar Anil Patil and Ors Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 971 of 2022

MHCC020055402022
Presented on
Registered on
Decided on
Duration
: 26­04­2022
: 26­04­2022
: 29­04­2022
: 0 Years, 0 Months, 3 Days
IN THE COURT OF SESSIONS AT GREATER BOMBAY
BAIL APPLICATION NO.971 OF 2022
IN
(C.R. No. 300 OF 2022)
1) Omkar Anil Patil
Aged: 24 years,
R/at 78/D, Gondekar House,
Dongar Galli, Damodar Seva Mandal,
Worli Koliwada, Worli Colony,
Worli, Mumbai­400 030.
2) Rishabh Vijay Kariyaram.
Aged:27 years,
R/at 52/A, Sitaram Lalya Chawl,
Sonapur Lane, Near Worli Fort,
Worli Koliwada, Worli,
Mumbai ­400030.
3) Yogesh Chandrakant More.
Aged: about 34 years,
R/at 78/D, Gondekar House,
Dongar Galli, Damodar Seva Mandal,
Worli Koliwada, Worli Colony,
Worli, Mumbai ­ 400 030.
4) Gaurav Pradip Patankar.
Aged : about 24 years,
R/at 08/86, Mai Tandel House,
Golphadevi Road, Opp. Samaj Mandir,
Worli Koliwada, Worli Colony,
Worli, Mumbai­400 030.

… Applicants
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BA 971/22
V/s.
The State of Maharashtra
(At the instance of Worli Police Station)
…Non­applicant
Appearance :­
Mr. Sujit Jagtap, Ld. Advocate for applicants.
Ms. Ashwini Rayakar, Ld. APP for non­applicant/State.
CORAM :
DATE
H.H.J. SHRI R.J. KATARIYA
(C.R.NO.56).
: 29th APRIL, 2022.

ORDER BELOW EXHIBIT 1.
Heard Ld. Advocate Mr. Sujit Jagtap for the applicants and
Ld. APP Ms. Ashwini Rayakar for the State.
2.

Present application is filed by applicants for grant of bail in
CR. No. 300/2022 registered with Worli Police Station for the offences
punishable under Section 394, 395, 324, 506(II), 504, 141, 143, 147,
148 r/w 149 of Indian Penal Code and under Section 37(1)(a) of
Maharashtra Police Act.
3.

Informant Jugal Pratap Bhanushali lodged report dated
19.04.2022. Informant is running petrol pump of Bharat Petroleum
Company owned by his family by name Ravi Auto Service at Worli.
On 18.04.2022 at about 12.30 p.m. informant came at the said petrol
pump as usual and started doing routine work in the cabin. Thereafter
at about 3.45 p.m. he heard shouting noise of some persons and came
outside the cabin. It is alleged that two persons having arrived on two
wheelers were abusing and threatening to the petrol pump staff.
Informant learnt that those two persons had arrived to fill the petrol but
instead of coming in the que, came in between, due to which there was
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BA 971/22
quarrel with the staff. It is alleged that the informant tried to give
understanding to those persons due to which one of them caught hold
his color and assaulted him by helmet. It is alleged that the other person
assaulted informant by fist blows. Those persons made a phone call and
some 6­7 other persons came there and quarreled with the informant
and the staff.

It is alleged that one of the accused snatched away
mobile handset of Apple­I watch series 544 worth Rs. 45,000/­ from the
informant. Police was called at the spot. Police arrested the applicants
and co­accused. Accordingly, crime came to be registered against
present applicants and co­accused.
4.

Learned advocate for the applicants submitted that
applicants are falsely implicated in crime. The mobile handset and
helmet are recovered by the police. The applicants are arrested on
19.04.2022. Since then they are behind bar. The quarrel occurred on
flimsy reason. The applicants are of young age. They have no criminal
antecedents. No purpose would be served keeping them behind bar.
They are ready to abide condition imposed. Hence prayed for grant of
bail.
5.

Per contra, vide Say (Exh.2), Ld. APP opposed the
application. It is submitted that the investigation is at initial stage. The
applicants were present at the spot and had participated in the crime.
There is possibility of tampering the prosecution witnesses.

Hence,
prayed for rejection of the application.
6.

Perusal of report, it is alleged that initially two persons who
had come to petrol pump for filling petrol in a vehicle had quarreled
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BA 971/22
with the staff on the count of breaking of que by them. The informant
came out of the cabin and tried to give understanding to the accused. It
is alleged that the accused persons assaulted and abused the informant.
On a phone call made by those two accused some 6­7 persons arrived at
the spot and quarreled with the informant and staff. One of the accused
had snatched mobile handset of the informant. Police had arrested the
applicants immediately. The mobile handset and helmet are seized by
the police. It is not the case of the prosecution that anything is to be
recovered or discovered from the applicants. The applicants are ready
to co­operate for the investigation and abide conditions. The applicants
are of young age. No criminal antecedents are pointed against the
applicants. Considering the matter, there would not be any prejudice to
the prosecution if suitable conditions are imposed while granting bail to
the applicants. Hence, I proceed to pass following order­
ORDER
1.

Bail Application No.971 of 2022 is allowed.

2.

The
applicants
Omkar
Anil
Patil,
Rishabh
Vijay
Kariyaram, Yogesh Chandrakant More and Gaurav Pradip
Patankar be released on bail on furnishing P.R. bond of
Rs.15,000/­ with surety in the like amount for each for C.R.
No.300/2022 registered with Worli Police station.
3.

They shall not commit any other or similar offence in
future.
4.

They shall furnish the photo copies of their Adhar cards
and documents of permanent as well as present resident address
to investigating officer, and shall intimate about change of
address to him.
6.

They shall not abscond or flee from justice.

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BA 971/22
7.

They shall not tamper the prosecution witnesses.

8.

Provisional cash bail allowed for a period of six weeks
from today.
9.

Bail to be furnished before concerned Ld. Metropolitan
Magistrate Court. Ld. M.M. shall accept the provisional cash bail
as above.
10.

Accordingly, BA No.971 of 2022 is disposed off.
RAJESH
JAGURAM
KATARIYA
Date : 29.04.2022.
Typed on
Checked on
Signed on
: 29.04.2022
: 29.04.2022
: 29.04.2022
Digitally signed by RAJESH
JAGURAM KATARIYA
Date: 2022.04.30 10:56:43
+0530
( R.J. Katariya )
Addl. Sessions Judge(C.R. No. 56)
City Civil & Sessions Court,
Gr. Bombay.

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BA 971/22
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
TIME
29.04.2022
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Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
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NAME OF STENOGRAPHER
Umesh Jadhav (Typist)
HHJ Shri R.J.KATARIYA
(CR No.56)
29.04.2022
29.04.2022
29.04.2022