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B.A.No.1000 of 2022
CNR: MHCC02-005656-2022
IN THE SESSIONS COURT FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.1000 OF 2022
IN
C.R.NO.132 OF 2022
1 Sandeep G. Godbole
Age:47 years, Occ:Service,
2 Ajit Vitthal Magare
Age:44 years, Occ:Service,
R/o.B.D.D. Chawl No.99,
R.No.20, D.N. Wakrikar
Marg, Opp. Dr. Ambedkar
Maidan, Worli, Mumbai,
Maharashtra:400 018.
3 Manoj Pandurang Mudaliyar
Age:49 years, Occ:Service,
.. Applicants
V/s.
The State of Maharashta
(at the instance of Gamdevi
Police Station, Mumbai)
.. Respondent
Appearances:
Adv. Nitin Sejpal for applicants.
SPP Gharat for respondent.
Coram : R. M. Sadrani
Addl. Sessions Judge
C.R. No.37.
DATED : 30th April, 2022.
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B.A.No.1000 of 2022
ORDER
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This is an application U/s.439 of Code of Criminal
Procedure(hereinafter referred to as “Cr.P.C.) for the grant of bail to
the applicant No.1 Sandeep G. Godbole, applicant No.2 Ajit Vitthal
Magare and applicant No.3 Manoj Pandurang Mudaliyar in
C.R.No.132 of 2022 of Gamdevi Police Station, Mumbai for the
offence punishable U/s.142, 143, 145, 147, 149, 353, 332, 333,
448, 452, 107, 109, 120B, 335, 440, 406, 409, 201, 204 of Indian
Penal Code and U/s.37 r/w. 135 of Maharashtra Police Act.
2
As per case of the prosecution, Informant is Police Head
Constable namely Satish Pundlik Pandav. He alongwith his
colleague Police Constable Avhad was on duty to prevent the
employees of the Maharashtra State Road Transport Corporation
(hereinafter referred to as “MSRTC”) from entering into the
premises of Hon’ble Minister Shri.Sharad Pawar at his bungalow
namely Silver Oak. Police got secret information that mob of 90100 persons was moving towards the bunglow. On 08/04/2022 at
3.00 p.m., mob was pelting stones and chappals towards bunglow.
In that incident, colleague of the informant namely Avhad was
unconscious. He was admitted to the Breach Candy Hospital.
Informant sustained injury to his little finger and got treatment at
medical store. Accordingly, he lodged FIR on the same day for the
offence punishable U/s.142, 143, 145, 147, 149, 353, 332, 333,
448, 452, 107, 120B of Indian Penal Code and U/s.37 r/w. 135 of
Maharashtra Police Act.
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B.A.No.1000 of 2022
Applicants are the employees of the MSRTC. Applicants
were on strike from couple of months. As per case of the
prosecution, leader of applicants namely Adv. Dr.Gunratna
Sadavarte was behind the crime and mastermind of the crime.
Allegation against him in addition to above is that he has collected
money from the employees and purchased property for self and
misappropriated the amount.
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There is no grievous injury either to informant or his
colleague Avhad. Avhad was discharged from Breach Candy
Hospital on the same day.
On the same day, he had made a
complaint to the doctor about stomach pain since sometime back
with exertion. On the next day, he was admitted to J.J. Hospital
under Dr.SRB unit and he was discharged from the hospital on
15/04/2022.
As per say of the prosecution, he is still under
treatment and admitted in hospital.
different from the say.
However, documents are
Apparently, Section 333 of IPC is not
attracted in the absence of any grievous injury. Rest of the offences
are punishable for five years, so far applicants are concerned.
Further, on the ground of parity as the co-accused were released on
bail as per order in B.A.No.894 of 2022 and B.A.No.903 of 2022, I
am inclined to allow the application. Hence, I pass following order.
ORDER
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Bail Application No.1000 of 2022 is hereby allowed.
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Applicant No.1 Sandeep G. Godbole, applicant No.2 Ajit
Vitthal Magare and applicant No.3 Manoj Pandurang Mudaliyar in
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B.A.No.1000 of 2022
C.R.No.132 of 2022 of Gamdevi Police Station, Mumbai for the
offence punishable U/s.142, 143, 145, 147, 149, 353, 332, 333,
448, 452, 107, 109, 120B, 335, 440, 406, 409, 201, 204 of Indian
Penal Code and U/s.37 r/w. 135 of Maharashtra Police Act be
released on bail on executing PR bond of Rs.10,000/- each with one
surety each of the same amount.
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Applicants to furnish their detailed address, phone
number at the time of furnishing bail.
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Bail before the Court attending remand.
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Applicants to attend Gamdevi Police Station, Mumbai as
and when called by the investigating officer.
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Applicants shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the accusation against themselves so as to dissuade him
from disclosing such facts to the Court or to any police officer.
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Applicants shall not leave India without previous
permission of the Court.
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Bail Application is disposed off accordingly.
( R. M. Sadrani )
Addl. Sessions Judge, Sessions Court,
Dated :30/04/2022.
Gr. Mumbai
Dictated on
:30/04/2022.
Transcribed on :30/04/2022.
Signed on
:30/04/2022.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.
UPLOADED ON: 30/04/2022.
TIME:05.40 p.m.
(Santosh B. Sawant)
(Selection Grade Stenographer)
Name of the Judge(with Court Room Shri. R. M. Sadrani, Judge, C.R.No.37.
No.)
Date
of
pronouncement
Judgment /Order
of 30/04/2022.
Judgment/Order signed by P.O. on
30/04/2022.
Judgment/Order uploaded on
30/04/2022.