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MHCC020054682024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 854 OF 2024
1. Sagar Jyotiram Matre,
2. Kiran Vilas Barge,
3. Rajesh Ramesh Bhumkar
… Applicants/accused
Vs.
The State of Maharashtra
(Through of Trombay Police Station vide … Respondent/State
C.R. No. 113/2024)
Appearance :Mr. Satish Sakat, Ld. Advocate for applicants/Accused.
Mr. Sachin Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 20TH APRIL, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application filed by applicants/accused
persons under Section 439 of the Code of Criminal Procedure,
1973, for releasing them on regular bail in connection with C.R.
No.113/2024 registered with Trombay police station for the offence
punishable under Sections 307, 397, 326, 323, 504, 506(2) r/w 34
of I.P.C.

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2.
and
Applicants/accused submitted that they are innocent
they
have
been
falsely
implicated
in
this
crime.

Applicants/accused submitted that they are in custody from last 10
days. The original complainant was released from the hospital on
the same day. No purpose will be served by keeping applicants
behind bar. The applicants are ready to abide by any terms and
conditions imposed by the court. Hence, applicants/accused
persons prayed for grant of regular bail in connection with C.R.
113/2024 registered with Trombay. police station.
3.

The Investigation officer submitted reply at Exh.2 and
resisted the application on the ground that offence is serious in
nature. The applicants/accused are habitual offenders. They have
caused grievous injuries to the complainant and witnesses.
Applicants/accused persons forcibly removed gold ring from
witness Akash. If bail is granted to applicants/accused, then they
will tamper prosecution witnesses. Lastly, investigating officer
prayed for rejection of bail application.
4.

Heard
Ld.

Adv.

Mr.

Satish
Sakat
for
the
applicants/accused and Ld. APP Sachin Patil for Respondent/State.
5.

Perused the contents of application and say filed by the
investigating officer. By this application the accused persons prayed
for grant of regular bail. Ld. A.P.P. strongly objected for grant of bail.
I have gone through F.I.R. In F.I.R. the names of applicants/accused
persons are mentioned. The only allegation levelled against
applicants/accused No.2 and 3 is that they
assaulted to
complainant and witness Akash by fist blows and they gave threat
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to persons who were gathered there. No any weapon have been
used by applicants/accused No.2 and 3 in the alleged offence.
There are no allegation against applicants/accused No.2 and 3 that
they assaulted to complainant and witness by any weapon. There
are no allegation against applicants/accused No.2 and 3 that they
attempted to kill complainant and witness and they removed
forcibly golden ring from witness Akash. Thus role assigned to
accused Nos.2 and 3 is to the extend of assaulting to complainant
and witness Akash by fist blows and they threatened to public who
gathered there. Thus role assigned to accused Nos.2 and 3 is very
limited one. Hence, they are entitled for grant of regular bail.
6.

So far as accused No.1 is concerned, there are
allegation against him that he assaulted complainant by means of
bamboo stick on his head and caused injury. There are also
allegation that he shown the wooden bamboo stick to the persons
who gathered there. Only allegation is to the extent of assault by
bamboo stick to the complainant. From the report of investigating
officer it appears that investigating officer recovered bamboo stick
and iron rod from the accused. Nothing is remained to be seized
from the possession of applicant/accused No.1. So far as applicant/
accused No.1 is concerned investigation is practically completed.
7.

In present case applicants/accused Nos.1 to 3 are in jail
from 22.03.2024. The weapons used in crime are recovered. Spot
panchanama is also prepared. So far as applicants/accused Nos.1 to
3 is concerned investigation is practically completed. They are
permanent resident of Mumbai. They would not abscond. Hence,
accused No.1 to 3 are entitled for grant of regular bail. Therefore,
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the bail application needs to be allowed. Hence, I proceed to pass
following order :ORDER
1.

Criminal
Bail
Application
No.

854
of
2024
filed
by
Applicants/accused is allowed.
2.

Applicants/accused namely 1) Sagar Jyotiram Matre, 2) Kiran
Vilas Barge and 3) Rajesh Ramesh Bhumkar, all residents of
Maharashtra Nagar, Mankhurd (East), Mumbai-400 088 be
released on regular bail on furnishing P. R. Bond of Rs.25,000/each along with one or more sureties in like amount each in
connection with C.R. No. 113/2024 registered with Trombay
Police Station for the offence punishable under Sections 307,
397, 326, 323, 504, 506 (2) r/w 34 of I.P.C.
(a) The applicants/accused nos.1 to 3 are directed to attend
Trombay Police station on every Sunday of each month in
between 10.00 a.m. to 12.00 noon till filing of charge-sheet.
(b) The applicants/accused nos.1 to 3 shall not enter into
vicinity where the informant resides.
(c) The applicants/accused nos.1 to 3 and his sureties shall
provide their respective residential addresses, mobile numbers
and email addresses, if any to investigation officer. The
applicants/accused nos.1 to 3 shall intimate any such change in
address or telephone number and Email ID forthwith.
(d) The applicants/accused nos.1 to 3 should not directly or
indirectly make any inducement, threat or promise to any
person acquainted with facts of case so as to dissuade them
from disclosing the facts to Court or any Police Officer and
should not tamper with the evidence and prosecution witnesses.

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(e) The applicants/accused nos.1 to 3 shall not leave India
without prior permission of Ld. Sessions Court.
(f) Breach of any conditions by the The applicants/accused
nos.1 to 3, shall result in cancellation of bail.
3.

Provisional cash bail of Rs.25,000/- is allowed to the
applicants/accused nos.1 to 3 for period of 4 weeks to furnish
surety from the date of release.

4.

Bail before Ld. Trial Court.

5.

Criminal Bail Application No.854 of 2024 stands disposed off
accordingly.

Date : 20.04.2024
Dictated on
Transcribed on
HHJ signed on
: 20/04/2024
: 20/04/2024
: 22/04/2024
[A.S. SALGAR]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
(C.R. No.24)
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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PRAJWALA V. PHODKAR
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Date of Pronouncement
JUDGMENT /ORDER
of 20/04/2024
JUDGMENT /ORDER signed by 22/04/2024
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