1
ORDER
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION 900 OF 2022
( CNR NO.: MHCC020050782022 )
Ritesh Mahesh Tangadpalli
Age: 19 Yrs, Occ: Service,
R/at. Room No.315,
Near Shinde Ground,
Hanuman Nagar, Bhandup (West),
Mumbai400078.
…Applicant/Accused
V/s.
The State of Maharashtra,
( At the instance of Bhandup
Police Station vide C.R.No.15/22)
…Respondent/State.
Appearance:
Shri. Vijay Shelar, Advocate for the applicant/Accused.
Smt. Ujjwala Karvate, APP for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
DEEPAK L. BHAGWAT (C.R.60)
DATE : 12.05.2022
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure the applicant requested to release him on bail in
Crime No. 15 of 2022 registered at Bhandup Police Station for offences
punishable under Sections 307, 326, 324, 504, 506 r/w. Section 34 of
Indian Penal Code and Section 135 of Maharashtra Police Act.
2.
The prosecution alleges that on 09.01.2022 the accused
Umesh, Ritesh @ Sonu (Present applicant), Sagar and Nilesh abused the
informant. Accused Umesh and Nilesh were armed with swords,
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ORDER
accused Ritesh @ sonu and Sagar were with knife. Accused Umesh dealt
blow of sword which caused injury to the informant’s head portion near
ear. Accused Nilesh dealt sword blow which caused injury to right hand
of the informant. The present applicant dealt blow of knife cause of
which injury was caused on the left elbow of the informant. Blood
started oozing from said injury of left elbow. Accused Sagar dealt knife
blow on the informant’s back. As the residents were coming to the help
of informant the accused fled away. The informant lodged FIR at the
police Station.
3.
The learned advocate on behalf of the applicant argued
that there is no material showing involvement of the applicant.
Chargesheet has already been filed. No need of further detention of the
applicant. Therefore, he requested to allow the application. On the
other hand the learned APP argued that the material collected in course
of investigation show that the accused caused injury on the vital parts of
the informant with deadly weapon and with intention to cause death.
Therefore, she requested to reject the application.
4.
The role attributed to the present applicant is only that he
caused injury on left elbow of the informant by a knife. However, the
material aspect is that the injury certificate does not show any injury on
the left elbow of the informant. Although all the 4 accused allegedly
caused different injuries, the injury certificate shows presence of only 2
injuries. The informant has already been discharged from the hospital.
These circumstances tilt in favour of the accused making out prima facie
case for grant of bail. Chargesheet has already been filed. No need of
further detention of the applicant so as to make it punitive without
adjudication of guilt. Considering these circumstances this is proper
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ORDER
case to grant bail to the applicant subject to conditions. Hence, order as
follows is passed:
:ORDER:
1. The Bail Application No.900 of 2022 is allowed as under.
2. The applicant accused namely Ritesh Mahesh Tangadpalli be
released on bail on executing personal bond of Rs.20,000/ and one or
two solvent sureties of the same amount in Crime No. 15 of 2022
registered at Bhandup Police Station.
3.
Cash security of Rs.20,000/ is permitted provisionally for the
period of 1 month in lieu of the surety bond.
4
The accused shall attend the Bhandup Police Station whenever
called by the Investigating Officer.
5.
The accused shall submit a list of atleast 3 blood relatives with
their detailed residential addresses and also the addresses of their place
of work if any, and documentary proof of showing the correctness of the
details provided by them.
6.
The accused and the surety shall inform the police authorities as
well as the trial court, the change of their residential address while the
accused is on bail.
7.
The accused shall submit copies of at least 2 documents amongst
the Pan Card, Adhar card, Ration card, Electricity Bill, Voter ID card
issued by the election commission or the documents in respect of
immovable properties owned by him.
8.
After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
9.
The accused shall not make any inducement or threat 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 or tamper with
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ORDER
the evidence.
10.
Conditions No. 5 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
11.
Bail before the Court of Metropolitan Magistrate.
Digitally signed
by DEEPAK
LAXMANRAO
DEEPAK
LAXMANRAO BHAGWAT
Date:
BHAGWAT
2022.05.30
12:03:20 +0530
(Deepak L. Bhagwat)
Addl. Session Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 12.05.2022
: 13.05.2022
: 30.05.2022
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ORDER
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
30.05.2022,01.00 pm
UPLOAD DATE AND TIME
Mrs. Revati V. Kadam
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ Deepak L. Bhagwat,(C.R.No.60)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
12.05.2022
Order signed by P.O. on
13.05.2022
order uploaded on
30.05.2022