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Order on BA No.896/24
MHCC020056962024
BEFORE THE DESIGNATED COURT UNDER M.P.I.D. ACT
CITY CIVIL & SESSIONS COURT, MUMBAI
ORDER ON BAIL APPLICATION NO.896 OF 2024
IN
C.R. No.74 of 2024
1. Prathmesh Janardhan Vengurlekar
Age : 24 years, Occ : Driver
Residing at Panchwati Society,
Gala No.-76, Karvenagar,
Kanjurmarg (E), Mumbai-400042.

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2. Vaibhav Sangle
Age : 26 years, Occ : Delivery Boy,
P-1, 10th Floor, Besides Lift,
Karvenagar, Kanjurmarg (E), Mumbai-400042.

]
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] Applicants/
]… Accused
Versus
The State of Maharashtra
(Through Kanjurmarg Police Station)
]
]… Respondent
Appearances:Ld. Advocate Harshali Bhavsar for the Applicant.
Ld. SPP Seema Deshpande for the State/ Respondent.
CORAM : HER HONOUR JUDGE
ADITEE UDAY KADAM,
(Court Room no. 7)
DATE : 30th April, 2024.
ORAL ORDER
1.

The present application is moved by the Applicant no.1
Prathmesh Janardhan Vengurlekar and Applicant no.2 Vaibhav
Sangle, under Section 439 of The Code of Criminal Procedure,
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Order on BA No.896/24
1973 for grant of regular bail.
2.

A case being C.R. No.74 of 2024 is registered with Kanjur
Marg Police Station against the present Applicants for the offence
punishable under Sections 325, 326, 504 r/w Section 34 of the
Indian Penal Code, 1860 (hereinafter referred as “IPC”).

3.

Application is resisted by the Prosecution by filing its say at
Exhibit No.02.

4. Prosecution case in nutshell is as under :-
Report is lodged by the informant, resident of Society at
Kanjur Marg that the accused and other persons used to sit near
the gate of the Society to drink liquor. For that reason, society
members used to call police. But then, these people, who used to
sit there in the society had grudge against the members of society
and abused society members without any reason. On 25.03.2024,
there was quarrel between informant and accused including
applicants. Accused assaulted and abused the informant.
Informant was beaten up with beer bottle thereby, he sustained
bleeding injury and during the occurrence his son also sustained
injury as one of the accused bite him. Accordingly, report came to
be lodged on 25.03.2024.
5.

Heard the Ld. Advocate for the Applicants, Ld. SPP for the
Prosecution, Investigating Officer.

6.

On perusal of record it reveals that, report is lodged
immediately on the day of occurrence itself. Applicants / accused
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Order on BA No.896/24
came to be arrested on 25.03.2024. One of the accused was
absconding. Investigating Agency has filed say and resisted the
application. Record reflects that there is no injury certificate
produced on record to show prima facie application for charges
leveled against the accused. Applicants are behind bar since
25.03.2024, there is no recovery or discovery as such remain
from the present applicants.
7.

Further development is brought to the notice of this Court
that, the remaining absconding accused surrendered himself.
Thereafter, investigation is complete and charge-sheet has been
filed. Ld. Advocate for the applicant filed pursis vide Exh.05 to
that effect. Thus, it is apparent that, investigation is complete and
thereby, physical custody of the applicants would not be required
for custodial interrogation.

8.

It is further submitted by the Ld. Advocate for the applicants
that the applicants have no criminal antecedents. They are ready
to abide any condition on grant of bail. It is pointed out that the
wife of applicant no.1 is pregnant. He is sole bread earner in his
family. Both applicants are young persons. Considering all these
aspects this Court is of the view that the application filed by the
applicants is to be allowed with certain conditions.

Hence, the
following order :ORDER
1. The present Bail Application No.896 of 2024 is hereby allowed
and disposed of.

2. Applicant no.1 Prathmesh Janardhan Vengurlekar and Applicant
no.2 Vaibhav Sangle are hereby released on bail in connection
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Order on BA No.896/24
with C.R. No.74 of 2024 is registered with Kanjur Marg Police
Station against the present Applicant for the offence punishable
under Sections 326, 325, 504 r/w Section 34 of the Indian Penal
Code, 1860 on furnishing PR bond of Rs. 50,000/- (Rupees Fifty
Thousand only) each with one or more sureties in the like
amount.
3. The Applicants are permitted to furnish provisional cash bail of
Rs.50,000/- (Rupees Fifty Thousand only) each for a period of
three months.

4. Applicants are directed not to enter the area / vicinity where the
informant / injured resides till end of the trial.

5. The Applicants to make surety compliance before concerned
Court.

6. That
the applicants shall make themselves available for
interrogation by the Investigating Officer as and when required,
under written intimation and mark presenty in concern police
station on every Saturday and Sunday in between 11.00 a.m. to
1.00 p.m. for the period of two months from the date of this
Order.

7. The Applicants shall not tamper with the prosecution evidence or
pressurize the prosecution witnesses in any manner.

8. The Applicants shall furnish their contact number and residential
address to the Investigating Officer and shall keep him updated,
in case there is any change.

9. The Applicants shall attend the dates of trial regularly.

(Dictated and pronounced in the open Court.)
Digitally signed
by ADITEE
UDAY KADAM
Date:
2024.04.30
16:16:12 +0530
Date: 30/04/2024
Mumbai
(ADITEE UDAY KADAM)
Designated Judge under
The Maharashtra Protection of
Interest of Depositors Act, 1999,
for Gr. Bombay
Dictated directly on computer: 30/04/2024
Signed by HHJ on
: 30/04/2024
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Order on BA No.896/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT /ORDER”
30.04.2024 at 4.10 p.m.
UPLOADED DATE AND TIME
Ms. R. D. Tari
NAME OF STENOGRAPHER
Name of the Judge (with Court Room no.)

H.H.J. A. U. Kadam
C.R. No.07
Date of Pronouncement of Judgment/Order
30.04.2024
Judgment /Order signed by P.O. on
30.04.2024
Judgment/Order uploaded on
30.04.2024