MHCC020054692022
Presented on
Registered on
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Duration
: 25042022
: 25042022
: 29042022
: 0 Years, 0 Months, 4 Days
IN THE COURT OF SESSIONS AT GREATER BOMBAY
BAIL APPLICATION NO.964 OF 2022
IN
(C.R. No. 300 OF 2022)
Sahil Rajendra Patil
Age about 22 years, Occ: Business.
R/at 78F/A,
Laxman Koli House,
Golphadevi Road,
Near Damodar Seva Mandal,
Worli Koliwada, Worli,
Mumbai400 030.
… Applicant.
V/s.
The State of Maharashtra
(At the instance of Worli Police Station
vide C.R. No.300/2022)
…Nonapplicant
Appearance :
Mr. Ashish Bhandari, Ld. Advocate for applicant.
Ms. Ashwini Rayakar, Ld. APP for nonapplicant/State.
CORAM :
DATE
H.H.J. SHRI R.J. KATARIYA
(C.R.NO.56).
: 29th APRIL, 2022.
ORDER BELOW EXHIBIT 1.
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Heard Ld. Advocate Mr. Ashish Bhandari for the applicant
and Ld. APP Ms. Ashwini Rayakar for the State.
2.
Present application is filed by applicant for grant of bail in
CR. No. 300/2022 registered with Worli Police Station for the offences
punishable under Section 394, 395, 324, 506(II), 504, 141, 143, 147,
148 r/w 149 of Indian Penal Code and under Section 37(1)(a) of
Maharashtra Police Act.
3.
Informant Jugal Pratap Bhanushali lodged report dated
19.04.2022. Informant is running petrol pump of Bharat Petroleum
Company owned by his family by name Ravi Auto Service at Worli.
On 18.04.2022 at about 12.30 p.m. informant came at the said petrol
pump as usual and started doing routine work in the cabin. Thereafter
at about 3.45 p.m. he heard shouting noise of some persons and came
outside the cabin. It is alleged that two persons having arrived on two
wheelers were abusing and threatening to the petrol pump staff.
Informant learnt that those two persons had arrived to fill the petrol but
instead of coming in the que, came in between, due to which there was
quarrel with the staff. It is alleged that the informant tried to give
understanding to those persons due to which one of them caught hold
his color and assaulted him by helmet. It is alleged that the other person
assaulted informant by fist blows. Those persons made a phone call and
some 67 other persons came there and quarreled with the informant
and the staff.
It is alleged that one of the accused snatched away
mobile handset of AppleI watch series 544 worth Rs. 45,000/ from the
informant. Police was called at the spot. Police arrested the applicant
and coaccused. Accordingly, crime came to be registered against
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present applicant and coaccused.
4.
Learned
advocate for the applicant
submitted that
applicant is falsely implicated in crime. The mobile handset and helmet
are recovered by the police. The applicant is arrested on 19.04.2022.
Since then he is behind bar. The quarrel occurred on flimsy reason. The
applicant is of young age. He has no criminal antecedents. No purpose
would be served keeping them behind bar. He is ready to abide
condition imposed. Hence, prayed for grant of bail.
5.
Per contra, vide Say (Exh.2), Ld. APP opposed the
application. It is submitted that the investigation is at initial stage. The
applicant was present at the spot and had participated in the crime.
There is possibility of tampering the prosecution witnesses. Hence,
prayed for rejection of the application.
6.
Perusal of report, it is alleged that initially two persons who
had come to petrol pump for filling petrol in a vehicle had quarreled
with the staff on the count of breaking of que by them. The informant
came out of the cabin and tried to give understanding to the accused. It
is alleged that the accused persons assaulted and abused the informant.
On a phone call made by those two accused some 67 persons arrived at
the spot and quarreled with the informant and staff. One of the accused
had snatched mobile handset of the informant. Police had arrested the
applicant immediately. The mobile handset and helmet are seized by
the police. It is not the case of the prosecution that anything is to be
recovered or discovered from the applicant. The applicant is ready to
cooperate for the investigation and abide conditions. The applicant is
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of young age. No criminal antecedents are pointed against the
applicant. Considering the matter, there would not be any prejudice to
the prosecution if suitable conditions are imposed while granting bail to
the applicant. Hence, I proceed to pass following order
ORDER
1.
Bail Application No.964 of 2022 is allowed.
2.
The applicant Sahil Rajendra Patil be released on bail on
furnishing P.R. bond of Rs.15,000/ with surety in the like
amount for C.R. No.300/2022 registered with Worli Police
station.
3.
He shall not commit any other or similar offence in future.
4.
He shall furnish the photo copies of his Adhar card and
documents of permanent as well as present resident address to
investigating officer, and shall intimate about change of address
to him.
6.
He shall not abscond or flee from justice.
7.
He shall not tamper the prosecution witnesses.
8.
Provisional cash bail allowed for a period of six weeks
from today.
9.
Bail to be furnished before concerned Ld. Metropolitan
Magistrate Court. Ld. M.M. shall accept the provisional cash bail
as above.
10.
Accordingly, BA No.964 of 2022 is disposed off.
RAJESH JAGURAM
KATARIYA
Date : 29.04.2022.
Typed on
Checked on
Signed on
: 29.04.2022
: 29.04.2022
: 29.04.2022
Digitally signed by RAJESH
JAGURAM KATARIYA
Date: 2022.04.30 10:56:07
+0530
( R.J. Katariya )
Addl. Sessions Judge(C.R. No. 56)
City Civil & Sessions Court,
Gr. Bombay.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE
TIME
29.04.2022
Name of the Judge
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
Judgment/order uploaded on
NAME OF STENOGRAPHER
Umesh Jadhav (Typist)
HHJ Shri R.J.KATARIYA
(CR No.56)
29.04.2022
29.04.2022
29.04.2022