B.A.636/2024
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MHCC020041002024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT BOMBAY
CRIMINAL BAIL APPLICATION NO.636 OF 2024
IN
C.R.NO.01 OF 2024
Mr. Sahil Suraj Pawar
Aged : 26 years, Occ : Service
Residing at Siddharth
Nagar Colony Chawl,
Near Cardinal Graces High
School, Kherwadi, Bandra (East),
Mumbai – 400 051
(Currently lodged at Mumbai
Central Prison with UT no.3267
& Circle No.7/2)
…Applicant
Vs.
The State of Maharashtra
(Through Nirmal Nagar
Police Station, Mumbai)
CORAM:
…Respondent
HH THE ADDL.SESSIONS JUDGE
SHRI. V. M. SUNDALE
(Court Room No.27)
DATE : 13th March 2024
Shri Vijay Thakur h/f Shri Rathod, learned advocate for applicant.
Shri B.G. Rajput, learned APP for State/Respondent
B.A.636/2024
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ORDER
01.

The applicant Mr. Sahil Suraj Pawar has filed this
application under Section 439 of the Code of Criminal Procedure for
granting bail in connection with Crime No.01/2024 registered with
Nirmal Nagar Police Station, Mumbai for the offences punishable under
Sections 307, 326, 323, 504, 506(2) r/w 34 of the Indian Penal Code,
on the allegations that the applicant and co-accused voluntarily caused
grievous hurt to the informant by means of cement block and attempted
to commit his murder.
02.

The investigating officer through learned A.P.P. filed reply
(Exh.2) and opposed the application. It is contended that the applicant
himself confessed that he has committed the present offence. In the
same manner, the informant and witnesses in their statement
categorically stated about involvement of the applicant in the present
offences. The offence is serious and investigation is in progress. The
applicant reside in hutment and he has no permanent address in
Mumbai. According to the investigating officer in such circumstances if
the applicant released on bail there is possibility of pressuring the
prosecution witnesses and fleeing away from the justice. Hence, the
investigating officer prayed to reject the application.
03.

Heard Shri Vijay Thakur h/f Shri Rathod, learned advocate
for the applicant and Shri B.G. Rajput, learned APP for the prosecution.
04.

I have carefully gone through record with reference to
submission of both the sides. The name of the applicant is not
mentioned in the First Information Report. It is alleged that on
01/01/2024 at about 5.30 a.m. co-accused Ganesh @ Bapat Morya and
B.A.636/2024
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one unknown person raised quarrel with the informant. In the said
quarrel co-accused Ganesh @ Bapat Morya gave blows on the head and
face of the informant by means of cement block. In the course of
investigation companion of co-accused
Ganesh @ Bapat Morya
identified as Mr. Sahil Suraj Pawar i.e. present applicant. The
investigating officer opposed the application mainly on the ground that
the applicant himself confessed that he has committed the offence and
the applicant is not local resident. However, on perusal of First
Information Report and the documents placed on record it appears that
the main allegations about causing injury to the informant by means of
cement block are against co-accused Ganesh @ Bapat Morya. It appears
that at the time of alleged incident the applicant was present on the
spot but he has not caused any injury to the informant. The
investigating officer arrested the applicant on 15/01/2024. He was
taken into judicial custody on the same day at the instance of the
investigating officer. The said fact itself shows that the presence of the
applicant is not necessary for any recovery or discovery. Nothing is
placed on record about past criminal antecedent of the applicant. The
apprehension placed on record by the investigating officer can be taken
care of by imposing certain stern conditions. In the facts and
circumstances of the case, the applicant is entitled to release on bail.
Hence, the following order is passed.
ORDER
1.

Criminal Bail Application No.636 of 2024 is allowed.

2.

The applicant Sahil Suraj Pawar be released on bail in Crime
no.01/2024 registered in Nirmal Nagar Police Station for the
offences under Section 307, 326, 323, 504, 506(2) r/w 34 of the
Indian Penal Code on his executing P.R.Bond of Rs.50,000/(Rupees Fifty Thousand) with one or two sureties of the like
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amount.
3.

The applicant and his surety shall provide their respective mobile
numbers, e-mail address and documents pertaining to place of
residence.

4.

The applicant shall not directly or indirectly make any
inducement, threat or pressurize any person acquainted with the
facts of the present case so as to dissuade him from disclosing
such facts to the Court.

5.

The applicant shall not leave India without prior permission of
the Court.

6.

The applicant is directed to attend the Nirmal Nagar police
station once in a week i.e. on every Monday between 11.00 a.m.
to 1.00 p.m. till filing of charge-sheet and co-operate the
investigating agency.

7.

Provisional cash bail in the like amount is allowed. The applicant
shall furnish surety within four weeks from the date of release
from jail, failing which the cash bail shall stand forfeited without
any separate order.

8.

Breach of any conditions by the applicant shall result in
cancellation of bail.

9.

Bail before learned Metropolitan Magistrate Court.

10.

Thus, Criminal Bail Application No.636 of 2024 stands disposed
of.

13/03/2024
Dictated on
: 13/03/2024
Transcribed on : 14/03/2024
Signed on
: 15/03/2024
(V. M. Sundale)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
B.A.636/2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
Upload Time
15/03/2024
5.15 p.m.

Name of Stenographer
Mrs. M.S. Putta
Name of the Judge (With C.R. No.)
Date
of
Pronouncement
JUDGEMENT /ORDER
HHJ Shri V.M.Sundale (C.R.No. 27)
of
13/03/2024
JUDGEMENT /ORDER signed by P.O.
on
15/03/2024
JUDGEMENT /ORDER uploaded on
15/03/2024