CRI. BA 628/2024
1
ORDER
MHCC020040862024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 628 OF 2024
( CNR NO.: MHCC02-004086-2024 )
PRASHANT PREMRAJ KASABE
Age-34 Years, Occ-Service
At present Residing at
Room No. 8, Galli No. 5,
Aadarsh Society, Khedegaon,
Kamraj Nagar, Ghatkopar (E), Mumbai
(At present accused is in Thane Central Prison)
V/s.
The State of Maharashtra,
(At the instance of Pantnagar
Police Station vide C.R.No.78/2024)
…Applicant/Accused
…Respondent/State.

Appearance:Ld. Advocate Ajit Pitale a/w. Ld. Advocate Supriya Kadam for the
applicant/accused.
Ld. S. P.P. Veena Shelar for the State/respondent.
Ld. Advocate Harekrishna Mishra for intervenor/complainant.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 26.04.2024.

CRI. BA 628/2024
2
ORDER
ORDER
1.

This is an application under Section 439 of Code of
Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in
connection with the crime vide C.R. No. 78 of 2024 dated 06.02.2024
registered with respondent/state for the offences punishable under
Sections 307, 323, 504 of the Indian Penal Code, 1860 r/w. 37(1)(a)
and 135 of the Maharashtra Police Act, 1951.
2.
of
The respondent/state has strongly opposed to the bail plea
the
applicant on various
grounds
by
filing
their
written
say/submission at Exh-4.
3.

Perused the application, plea submissions, grounds raised
therein coupled with the documents placed reliance by the applicant.
Also, perused the written say/objection of respondent/state. Heard Ld.
Advocate for the applicant, intervenor and the Ld. S.P.P. for
respondent/state.
4.

Having heard to the rival parties and considered their
raised submissions contentions and record availed prima-facie inclined
in impugned crime the applicant alone is involved. Against him raised
the plea allegations from the complainant Balram Jagdish Nishad that
they are owner and tenant. It is alleged that on 05.02.2024 the
applicant is owner of room premises no.9 wherein informant is residing
on tenancy basis asked the rent and electricity charges by applicant
from informant. On that count dispute arised and while it the applicant
has raised the attack by knife on right cheek and abdomen of informant
CRI. BA 628/2024
3
ORDER
and seriously got injured him. Thereon, the informant was admitted in
hospital. The applicant has denied the entire allegations grievance and
raised the plea of false implication. He also submitted that he has not
assaulted to informant his tenant. However, he raised concocted
dubious story and raised the impugned false crime. He has not caused
any serious in natures injury. The investigation is completed and chargesheet is submitted on 12.04.2024.
5.

The respondent has not raised any serious in natures
objection. Thus, considering the same the record enclosed with the
charge-sheet clarifying that the applicant is owner and informant is
tenant of the Room No.9 situated at Adarsh Society Kamraj Nagar,
Ghatkopar (East), Mumbai. Allegedly, the applicant has asked the rent
amount and electricity bill charges from informant. On that account
dispute arised and while it the applicant has delivered blows of knife on
his right cheek and abdomen. In that regard the injury certificate
clarifying that the informant has sustained two grievous in natures
injury. Complainant was admitted in hospital for the period of two days.
He is immediately arrested after raising of impugned crime. The
investigation is completed. Charge-sheet is already submitted. The
alleged weapon is also discovered, seized at the instance of applicant.
Though, prima-facie inclined the informant has caused grievous in
natures injuries. However, in view of involved witnesses record material
availed in impugned matter certainly inevitable time would take to
commence the evidence and conclude the trial. Thereby, I felt would not
appropriate to detain him in custodial interrogation for indefinite
period. Moreover, it is my considered view and opinion that in view of
levelled allegations seriousness gravity of crime, nature of injuries
CRI. BA 628/2024
4
ORDER
caused to informant by saddling stringent conditions would appropriate
to have the liberty to him. With this passed the following order.
:ORDER:
1.

The present Criminal Bail Application No.628 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.

The applicant PRASHANT PREMRAJ KASABE, age 34 Years,
residing at at Room No. 8, Galli No. 5, Aadarsh Society, Khedegaon,
Kamraj Nagar, Ghatkopar (E), Mumbai be released on executing a P.R.
Bond of Rs. 1,00,000/- (Rupees One Lakh Only) and furnish one or two
solvent sureties in the like amount in connection with the crime vide
C.R. No. 78 of 2024 registered with Pantnagar Police Station for the
offences punishable under Sections 307, 323, 504 of the Indian Penal
Code, 1860 r/w. 37(1)(a) and 135 of the Maharashtra Police Act, 1951.
b.

The applicant shall not tamper or hamper the prosecution
witnesses and evidence by any manner.
c.

The applicant shall record his attendance with respondent/
Pantnagar Police Station on every first day of every month between
11.00 a.m. to 05.00 p.m. until decision of trial.
d.

The applicant shall attend every date of trial without fail.

e.

The applicant shall not indulge in any criminal activity.

CRI. BA 628/2024
f.

5
ORDER
The applicant shall not leave India without prior permission of
Ld. Trial Court.
g.

The applicant shall submit his proper considerable residential
address proof as well as telephone and cell numbers with respondent, in
view of his contact.
h.

The applicant to make surety compliance before Ld. Trial/
Committal Court.
i.

Accordingly,
inform
to
the
Ld.

Trial/Committal
Court,
Investigating Officer/Pantnagar Police Station by sending copy of this
order.
j.

The respondent/Pantnagar Police Station to take note of this
order.
k.

The present Criminal Bail Application No.628 of 2024 stands
disposed of accordingly.
Dictated and pronounced in open court
SHRIRAM
MADHUKAR
TAPKIRE
Dictated on
Transcribed on
Date of sign
: 26.04.2024
: 29.04.2024
: 02.05.2024
Digitally signed
by SHRIRAM
MADHUKAR
TAPKIRE
Date:
2024.05.02
14:50:52 +0530
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 628/2024
6
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
02/05/2024, 2.50 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)

HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court, Mumbai.

Date of pronouncement of Judgment/Order
26.04.2024
Order signed by P.O. on
02.05.2024
Order uploaded on
02.05.2024