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MHCC020057222024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 903 OF 2024
1. Prashant Naharsingh Walmiki
Aged – 27 years, Occ. Job,
R/at : Bhim Nagar, Ganesh Chawl,
Maharashtra Nagar, Mankhurd,
Mumbai 43.
2. Eknath Krishna Rokade
Age : 26 years, Occ. : Job
R/at : Room No. 626, Jijamata Nagar,
GD Ambekar Marg, Jivhala Seva Sangh,
Kalachowki, Mumbai 43.

…Applicants/accused
Vs.
The State of Maharashtra
(Through Mankhurd
Police Station, Mumbai)
…Respondent
Appearance :Mr. Arvind Jaiswar, Ld. Advocate for the Applicant.
Mr. J. N. Suryawanshi, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.22)
DATED : 24th April, 2024.
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application under Section 439 of Cr. P.C. Heard
Ld. Advocate for applicants and Ld. APP for the State. Perused the
application, say and documents on record.

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2.

Ld. Advocate for the applicants submitted that police
arrested applicants in connection with C.R. No.102/24 for the offence
punishable under Sections 397, 307, 504, 506(2), r/w 34 of IPC
alongwith 4, 25 of Arms Act, 1959. It is further contention of applicants
that, they are falsely implicated in this case. Applicant has not
committed the offences as alleged by informant. Weapon has been
recovered from another accused. Nothing is to be seized at the instance
of applicants. Therefore, there is no need of custodial interrogations of
the applicants. It is contention of applicants that, applicants are ready to
co-operate with police. They are permanent resident of Mumbai.
Applicants are reputed persons in the society. Applicants are ready to
abide any terms and conditions by imposing this Court. Therefore,
custodial interrogations of applicants is not necessary. Hence, they
prayed for grant of bail.
3.

Ld. APP and investigating officer opposed application. It is
their contention that nature of offences is serious, there are specific
allegations about assault by knife. Applicants and informant are
residents of same locality. If applicants are released on bail there is
possibility of tempering of evidence of prosecution. Hence, prayed for
rejection of application.
4.

In view of submissions from both sides and as per
allegation in FIR, It is alleged by the informant that on 25.03.2024 at
about 5.00 pm when he was walking in front of Building No. 60, near
Sawant Tea Shop, Mahatma Gandhi School, PMGP Colony, Mankhurd,
Mumbai. At that time applicants came in front of informant and started
abusing him. They both forcibly took out the cash of Rs.2000/- form
informant pocket. Applicant No. 2 threw Koita on informant head as
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informant father was standing nearby and caught the koita. Applicant
No. 1 assaulted by sharp knife on the chest of informant. The alleged
weapon is seized by police during investigation. Informant/injured is
out of danger and discharged from Hospital. Alleged weapon is seized
during investigation. In such circumstance nothing is to be seized at the
instance of applicants. In such circumstance, I am of the opinion that
there is no need to further detention of applicants. Applicants may be
directed to appear before investigating officer during course of
investigation and co-operate. In view of apprehension of tampering of
evidence, applicants may be directed to appear before investigation
officer regularly till the investigation is completed. With such directions
and other conditions, applicant may be released on bail. Therefore, I
pass the following order :ORDER
1.

Criminal Bail Application No. 903 of 2024 is allowed.

2.

Applicant/accused No.1 Prashant Naharsingh Walmiki and
accused No. 2 Eknath Krishna Rokade be released on bail on
furnishing P.R. & S.B. of Rs.25,000/- each along with one or more
sureties in the like amount in connection with C.R. No.102/2024
registered with Mankhurd police station.

3.

Applicant/accused
shall
attend
Mankhurd
Police
Station,
Mumbai, as and when required by Investigating Officer on notice.
4.

Applicant/accused shall furnish their 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.

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6.

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

7.

Bail before learned Court below.

8.

Criminal Bail Application No.903 of 2024 stands disposed of
Digitally
signed by
AJAY ANIL
KULKARNI
Date:
2024.04.24
17:26:10
+0530
accordingly.

Date : 24.04.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
Directly dictated on computer on : 24.04.2024
HHJ signed on
: 24.04.2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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Mrs. Manasi M. Kadam
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Date of Pronouncement
JUDGMENT /ORDER
HHJ SHRI. A. A. KULKARNI (CR 22)
of
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