Bail Application No.1011/2024.
MHCC020063382024
IN THE COURT OF ADDITIONAL SESSIONS JUDGE MUMBAI,
AT GR. MUMBAI
CRIMINAL BAIL APPLICATION NO. 1011 OF 2024.
IN
C.R. NO. 41 OF 2024.
Ranjit R. Kahar
…Applicant.
Vs.
The State of Maharashtra,
(At the instance of Kalachowki Police Station,
Vide C.R.No.41/2024).
…Respondent.
Appearances :Ld. Adv. Mr. Anthony Michael for the Applicant/accused.
Ld. APP. Mr. Abhijeet Gondwal for the State/Respondent.
CORAM : H.H. THE ADDITIONAL SESSIONS JUDGE
DR. A. A. JOGLEKAR (C.R.NO.37)
DATED : 24TH APRIL, 2024.
ORAL ORDER
By this application the applicant Ranjit R. Kahar being
accused in C.R.No.41/2024 registered with Kalachowki Police Station
for the offences punishable under Sections 307 and 323 of the Indian
Penal Code, (hereinafter referred to as, “IPC”), seeks bail under
Section 439 of the Code of Criminal Procedure, 1973 (In short,
“CrPC”). This is an application preferred by the applicant/accused
post filing of charge-sheet.
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Bail Application No.1011/2024.
THE CASE OF PROSECUTION IN SHORT ENSUES AS UNDER;
2.
As on 14.02.2024 while the informant and his friend
Akshay at about 9.30 p.m. were consuming beer at Lodha Parking G.
D. Ambekar Marg, Kalachowki, applicant/accused was assaulting
their friend Mahesh Shelar.
Thus, the informant and his friend
intervened and resolved their scuffle, at that time applicant/accused
caught hold of the collar and hence the informant and his friend
slapped him. Further, keeping such grudge in the mind the applicant
assaulted the informant on his chest and the informant’s friend
Akshay on his stomach, chest and hands and caused severe injury to
them. Thus, offence was registered under Sections ibid.
3.
Ld. Advocate for applicant/accused states that, the
applicant/accused is falsely implicated, investigation has concluded
and recovery is already effected. It is stated that, the applicant is
languishing behind bars since last two months and nothing is to be
recovered from the applicant/accused. It is categorically stated that,
the occurrence of incident is on account of heat of motion. Further, it
is stated that, the victim and the applicant/accused are acquainted
with each other and that victim has been discharged from the
hospital. Thus the Ld. Advocate for the applicant/accused states that,
further custodial detention is not necessitated. Hence, the Ld.
Advocate for applicant/accused prayed for enlarging the applicant on
bail.
4.
Per contra the Ld. Prosecutor has filed their reply vide
Exh.2 and inter alia have resisted the application on various grounds.
It is categorically stated that, the applicant/accused is the main artist
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Bail Application No.1011/2024.
behind curtain and he in specific has assaulted the informant and the
victim.
Further, the applicant/accused has committed a bodily
offence and it is serious in nature. Further, the injury sustained to the
informant and his friend are also serious and that the informant and
his friend were indoor patients for a substantial period. It is stated
that, the applicant/accused also has a criminal antecedent and there
is every possibility that the applicant/accused might tamper the
prosecutions evidence and threaten the prosecution witnesses. Hence,
the Ld. Prosecutor prayed for rejection of application.
5.
Heard Ld. Advocate for applicant and Ld. APP for the State.
Perused the application and reply.
6.
The gravamen of indictment against the applicant/accused
is with regard to assaulting the informant and his friend from a
county reason.
It is pertinent that, the applicant/accused has
admittedly stated for the occurrence of such incident upon spur of
movement. This admission in itself speaks in quantum. Prosecution
has brought on record a criminal antecedent to the discredit of the
applicant/accused which propels for the applicant/accused to be a
consumer of Narco Drugs. This tendency of the applicant/accused
undoubtedly has aided in commission of the present crime and this
ipso-facto dis-entitles the applicant/accused from any such relief of
enlargement on bail.
7.
Moreover, while deciding an application for bail it is settled
that the Court is required to see whether the prima-facie case exists
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Bail Application No.1011/2024.
or not. It is not necessary to make roving enquiry or examining the
merits of prosecution case.
8.
Considering the fulcrum of arguments advanced by the Ld.
Advocate for applicant it is palpably clear that, the applicant/accused
has committed a serious bodily offence and considering the medico
legal evidence the apparent mental acumen factor propels for the
conduct of the accused under the commission of this crime. The
active participation of the applicant/accused is apparently located.
Therefore, there is every possibility that, the applicant/accused might
tamper the prosecution evidence. Apart from the same, as stated
supra, there is an abysmal track record to the discredit of the
applicant/accused. Also, that the investigation is under progress and
granting such relief would derail the momentum of investigation,
more especially when charge-sheet is yet to be filed. Therefore, I do
not find this as a fit case for grant of bail.
In the backdrop of
aforesaid facts, I hold that, the application deserves no consideration.
Hence, order infra :ORDER
Bail Application No.1011/2024 stands rejected and
disposed of accordingly.
DR. ABHAY
AVINASH
JOGLEKAR
Date : 24.04.2024.
Digitally signed by
DR. ABHAY
AVINASH JOGLEKAR
Date: 2024.04.25
17:14:52 +0530
(Dr. A. A. JOGLEKAR)
Additional Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay (C.R.No.37)
Dictated on
: 24.04.2024.
Transcribed on : 24.04.2024.
HHJ signed on : 25.04.2024.
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Bail Application No.1011/2024.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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HHJ Dr. A. A. JOGLEKAR
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