1MHCC020054992024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.864 OF 2024
1. Pratik Babu Shelar
Age-25 yrs., Occ.-None.
Resident of Radhabai Chawl,
Samrat Ashok Nagar,
Govandi, Mumbai.
2. Rohit Nandu Gavali alias Macchi
Age : 22 years, Occ. : None,
R/at : Borla, Samrat Ashok Nagar,
Govandi, Mumbai
… Applicants/Accused.

VERSUS
The State of Maharashtra,
(At the instance of Govandi Police
Station, Mumbai).

… Respondent/
Org. Complainant
Appearances :Mr. Shubham Singh, Ld. Advocate for applicant/accused.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.

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CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
DATED : 08th April, 2024.
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Heard learned Advocate for the applicant
and learned A.P.P. for the respondent/State. Perused the documents on
record.
2.

It is contention of the applicants that they are arrested by
police in connection with CR.No. 57 of 2024, registered by Govandi
Police Station for the offence punishable under Section 307 read with
Section 34 of the Indian Penal Code. It is further contention that the
informant is son-in-law of the main accused Manoj Patil. Dispute
between informant and his wife Pradnya the daughter of co-accused is
going on. He further alleged that on the ground of ill-treatment to wife
of informant the applicants and co-accused assaulted him on
27.02.2024.

It is further contention that the applicants are falsely
implicated in this case. The applicants were not present on the spot of
incident. Applicants are friends of accused Majoj Patil, hence are falsely
implicated. Prima facie no offence is made out under Section 307 of
the Indian Penal Code. Nothing is to be seized at the instance of the
applicants.

The applicants are ready to co-operate the police for
further investigation. Hence, prayed for grant of bail.
3.

The learned APP and Investigating Officer opposed the
application on the ground that the informant is admitted in Sion
Hospital and taking treatment. There are criminal cases against the
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accused Manoj Gajanan Patil, Pratik Babu Shelar and Rohit Nandu
Gawli.

If the applicants are released on bail there is possibility of
tampering the evidence of prosecution. It is further contended that
applicants have criminal antecedents. Medical certificate of informant
is yet to be received. Therefore prayed for rejection of bail application.
4.

In view of submissions from both sides and as per
allegation in FIR, informant has alleged that informant got married
with Pradnya Patil daughter of co-accused Manoj Patil. Due to
matrimonial dispute informant and his wife resides separately since last
10 months. On 27.02.2023 at about 9.30 to 10.00 pm informant was
sitting in an open play ground near his house, at that time co-accused
and applicants came there and assaulted him by iron rod, pewar block
and stone. Informant sustained grievous injuries on his head, chest,
back and both hands and legs. In view of the submissions from both
the sides, prima facie it appears that report is lodged about incident of
assault. The informant is discharged from the hospital. Therefore, there
is no threat to his life.

Nothing is to be seized at the instance of
applicants. Sufficient police custody was granted to the applicants for
the purpose of investigation. Trial will take its own time till then there
is no need of further detention of the applicants. Hence, by imposing
conditions, the applicants may be released on bail. Hence, I pass the
following order:
ORDER
1.

Criminal Bail Application No.864 of 2024 is allowed.

2.

Applicant/Accused No. 1. Pratik Babu Shelar and accused No. 2
Rohit Nandu Gavali alias Macchi be released on bail on
furnishing P.R. & S.B. of Rs.25,000/- (Rupees Twenty-Five
Thousand only) each along with one or more sureties in the like
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amount in connection with CR.No. 57/2024, registered with
Govandi Police Station.
3.

Applicants/accused shall attend Govandi Police Station, Mumbai,
on every Monday till conclusion of investigation or for three
months whichever is earlier.

4.

Applicants/accused
shall
furnish
their residential
address
proof and contact numbers to Investigating Officer.
5.

Applicants/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.

6.

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

7.

Bail before learned Court below.

8.

Criminal Bail Application No.864 of 2024 stands disposed of
accordingly.

Date : 08.04.2024
(A. A. Kulkarni)
Additional Sessions Judge,
Gr. Bombay (C.R.No.22)
Directly dictated on computer on : 08.04.2024
HHJ signed on
: 08.04.2024
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