Cri. BA 1149/22
1
ORDER
MHCC020063592022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1149 OF 2022
( CNR NO.: MHCC020063592022 )
Rupesh Eknath Satpute
Age: 26 Yrs, Occ: Business,
R.at, Room No. 125,
Galli No. 4, Sanjay Gandhi Nagar,
Pant Nagar, Ghatkopar (E),
Mumbai 400 075
…Applicant/Accused
V/s.
The State of Maharashtra,
(At the instance of Pant Nagar
Police Station vide C.R.No.147/22)
…Respondent/State.
Appearance:
Shri. Jadhwar, advocate for the Applicant/Accused.
Smt. Seema Deshpande, Addl.PP for the State/Respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
ANAND PANDURANG KANADE (C.R.60)
DATE : 08.06.2022
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicant requested to release him on bail in
Crime No. 147 of 2022 registered at Pant Nagar Police Station for
offences punishable under Sections 307, 143, 147, 148, 149 of Indian
Penal Code and Section 135 of the Maharashtra Police Act.
Cri. BA 1149/22
2.
2
ORDER
The prosecution case is that on 18.03.2022 at about 3.30
a.m., while the informant was taking food, accused Ganesh, accused
Sagar came there and slapped him. Therefore, being afraid the
informant concealed himself in a street. Accused Rupesh (present
applicant), accused Vishal, accused Rutik and accused Moin came there.
They started to beat the informant. Accused Rupesh (present applicant)
dealt iron rod blow on the head of the informant, but the informant
intervened his right hand thereby injury was caused to his right hand
and head. Accused Vishal, Rutik and Moin assaulted the informant by
kicks, abused him and threatened to kill him.
3.
The learned advocate on behalf of the applicant argued
that there is no material against the applicant. The applicant is falsely
implicated in the present crime. Present applicant lodged complaint
against the complainant in the present crime. That the incident has
arisen out of trivial nature and therefore no intention to commit
murder. The applicant is ready and willing to cooperate with the police
for the purpose of investigation. No need of his further custody.
Therefore, the learned advocate requested to allow the application.
4.
On the other hand, the learned APP submitted that there is
material showing involvement of the applicant in commission of the
crime. Investigation is in progress. There are six criminal cases are
pending against the present applicant. There is possibility of tampering
of prosecution evidence, if the applicant is enlarged on bail. Therefore,
she requested to reject the application.
5.
After going through the papers on record, it reveals that
the I.O. has visited the spot of incident and prepared Spot Panchnama.
Cri. BA 1149/22
3
ORDER
At that time, he seized iron rod from the spot. It also reveals that
statement of witnesses is also recorded. The complainant is discharged
from the hospital. The applicant is ready to abide the conditions
imposed on him. The applicant is permanent resident of the given
address. In my view, further custody of the applicant is not needed. In
the result, I am of view that, it is appropriate to release him on bail
subject to certain conditions. Hence, order as follows is passed:
:ORDER:
1.
The Criminal Bail Application No.1149 of 2022 is allowed as
under.
2.
The applicant accused namely Rupesh Eknath Satpute 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. 147 of 2022
registered at Pantnagar 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 Pantnagar Police Station till 1 st and
15th day of each month in between 10.00 a.m. to 12.00 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
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
Cri. BA 1149/22
4
ORDER
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:
2022.06.09
17:33:29 +0530
(Anand P. Kanade)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 08.06.2022
: 08.06.2022
: 09.06.2022
Cri. BA 1149/22
5
ORDER
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
09.06.2022, 5.20 pm
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. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
08.06.2022
Order signed by P.O. on
09.06.2022
Order uploaded on
09.06.2022