CRI. BA 1611/2022
1
ORDER
MHCC020090832022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1611 OF 2022
( CNR NO.:MHCC020090832022 )
1) Rohit Shantaram Mahabale
Age : 19 years, Occ.: Student
Address PW.D.garden,
Third Floor, Kamraj Nagar,
Ghatkopar (E), Mumbai.
2) Rushi Madan Hoge
Age : 29 years, Occ.: Service
Address Room No. 488,
Punjabi Chawl, Netaji Nagar,
Vasant Rao Naik Marg,
Ghatkopar (E), Mumbai.
…Applicants/Accused
V/s.
The State of Maharashtra,
(At the instance of Pant Nagar
Police Station vide C.R.No.545/2022)
…Respondent/State.
Appearance:
Advocate Nawaz Usmani, for the applicant/Accused.
Smt. Seema Deshpande, Ld. Addl.P.P., for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
ANAND PANDURANG KANADE (C.R.60)
DATE : 20.07.2022.
CRI. BA 1611/2022
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ORDER
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicants requested to release them on bail in
Crime No. 545 of 2022 registered at Pant Nagar Police Station for
offences punishable under Sections 307, 323, 504, 34 of Indian Penal
Code r/w. 37 (1)(A), 135 Maharashtra Police Act.
2.
Prosecution case in brief is as under :
Pintesh Kondiram Kokare is the resident of Ramabai
Ambedkar Nagar, Ghatkopar (E). He is a delivery boy. Bintesh is the
brother of said complainant. On 18.06.2022 at about 10:00 p.m.,
Pintesh was proceeding for Zomato delivery. He reached near Nalanda
Nagar Bus Stop. At that time, he noticed his brother Bintesh was there
and present applicant/accused no. 2, Rahul Mahabale and Ajay
Mahabale were discussing with Bintesh. Hence, Pintesh went there and
asked to Bintesh what is going on. In reply, Bintesh informed that he
was treasurer of Sai Seva Mandal. Present applicant/accused No.2 was
the founder of that Mandal. Present applicant/accused no. 2 was asking
for the accounts of that Mandal. At that time, Bintesh informed that he
is going to pay the amount of Rs. 5,000/ to the Present
applicant/accused no. 2. At that time, present applicant/accused no. 1,
Nilesh Dhebe and Sanjay Mahabale came there. All the accused started
abusing and beating to Bintesh. Complainant tried to rescue Bintesh
from the clutches of accused. At that time, present applicant/accused
No.1 took out knife and with an intention to kill to Pintesh inflicted
blow of knife on the head of complainant, Pintesh. applicant/accused
no.2 tried to assault to the complainant by hitting stone on the head.
Thereafter, all the accused fled from the spot. Pintesh and Bintesh were
taken to Rajawadi Hospital. Again, Applicant/Accused No. 2 came there
CRI. BA 1611/2022
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ORDER
at hospital and tried to assault to Bintesh but due to the intervention of
the hospital staff, applicant/accused No. 2 fled from the spot. Then,
complainant Pintesh lodged report against all the accused with Pant
Nagar Police Station. On that basis, crime No. 545 of 2022 has been
registered against the accused. During the course of investigation, I.O.
arrested the applicants/accused.
3.
The applicants/accused have filed the present application
to release them on bail. They raised the grounds that they have been
falsely implicated in the present case. From the given set of
circumstances, the intention to commit murder of the complainant is
lacking and incident was taken place on spur of moment. The
applicants/accused are of young age. They are permanent residents of
Mumbai and they will not tamper or hamper the prosecution evidence.
Hence, they prayed to reject the bail application.
4.
Ld. Addl. P.P. and I.O. filed their say at Exh – 2 and resisted
the bail application. It is submitted that criminal cases against present
applicants/accused
and
Sanjay
Mahabale
are
pending.
Applicant/accused No. 2 with intention to commit murder of
complainant Pintesh inflicted blow of knife on the vital part. The
applicants and complainant are residing in the same vicinity and there
is possibility of repetition of crime, if the applicants/accused are
enlarged on bail. There is also possibility of pressurizing the
complainant and prosecution witnesses. The investigation of crime is
going on. Hence, it is prayed to reject the bail application.
5.
Heard both the sides. Perused the intervention application.
Perused the police papers on record. It reveals that the I.O. arrested the
CRI. BA 1611/2022
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ORDER
applicant/accused no. 2 and his memorandum statement was recorded
and at his instance, I.O. seized knife. It also reveals that I.O. recorded
statements of witnesses and also prepared Spot Panchanama. After
going through the papers on record, it reveals that since 24.06.2022,
applicants/accused are in judicial custody. Their police custody period
is already over. Applicants are permanent residents of Mumbai and they
are ready to cooperate the investigation agency. Considering the above
reasons, I am of view that no justified ground is made out for further
detention of applicants/accused. In the result, I am of view that
applicants/ accused are entitled to be released on bail but on certain
conditions.
:ORDER:
1.
The Criminal Bail Application No. 1611 of 2022 is allowed as
under.
2.
The applicants accused namely Rohit Shantaram Mahabale and
Rushi Madan Hoge be released on bail on executing personal bond of
Rs.20,000/ each and one or two solvent sureties of the same amount
in Crime No. 545 of 2022 registered at Pant Nagar Police Station.
3.
Cash security of Rs.20,000/ each is permitted provisionally for
the period of 1 month in lieu of the surety bond.
4.
The accused shall attend the Pant Nagar Police Station on every
Monday and Tuesday in between 11.00 a.m. to 01.00 p.m. till filing
of the chargesheet.
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
CRI. BA 1611/2022
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ORDER
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
the evidence.
10.
The accused shall not leave territorial limits of Mumbai without
prior permission of the court.
11.
The accused shall not commit any offence similar to the offences
of which he is accused in the present matter.
12.
Conditions No. 5 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
13.
Bail before the Court of Metropolitan Magistrate.
Anand
Pandurang
Kanade
Digitally signed
by Anand
Pandurang
Kanade
Date: 2022.07.21
17:44:41 +0530
(Anand P. Kanade)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 20.07.2022
: 20.07.2022
: 21.07.2022
CRI. BA 1611/2022
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ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21/07/2022
, 5.35 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ Anand P. Kanade,(C.R.No.60)
Addl. Sessions Judge.,City Civil &
Sessions Court,
Date of pronouncement of /Order
20.07.2022
Order signed by P.O. on
21.07.2022
Order uploaded on
21.07.2022