B.A.1782/2022
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Order
IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO. 1782 OF 2022
( CNR NO.: MHCC02­009628­2022 )
Sanjay Suresh Jadhav
Age: 26 years, Occ: Service
R/o: Jai Bhim Nagar, Dakalain
Gaudevi Road, Bhandup, West,
Mumbai­ 400 078.

…Applicant/Accused.

V/s.
The State of Maharashtra.
( At the instance of Bhandup P.Stn.
Vide C.R. No.443/2022)
…Respondents/State.

Appearance:­
Mr. Parvez Khan Advocate for the Applicant/Accused.
Mrs. Ashwini Raykar, APP for the State/respondent.
CORAM : S.M. MENJOGE, THE ADDL.
JUDGE (C.R.17)
DATE : 5/08/2022.
ORDER
1.

This is an application under section 439 of Cr.P.C. for bail by
applicant/accused Sanjay Suresh Jadhav in crime No.443/2022 under
section 323,326,504 of IPC, registered at police station Bhandup,
Mumbai.
Facts in brief are as under :­
2.

Complainant Juber Musa Shaikh, lodged report that on 28.6.2022
at about 1.00 pm he had returned to house from office and parked his
Duo motorcycle in front of his house. Accused Sanjay came there and
asked not to park vehicle there. Complainant told him that said place
B.A.1782/2022
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does not belong to him. Hence, applicant/accused picked up quarrel and
dealt blow of bamboo on head of complainant. He also dealt a blow of
piece of tile on the eye of complainant causing bleeding injuries. Based
on these allegations, offence came to be registered against applicant.
3.

Advocate Parvej Khan for the applicant submitted that accused is
innocent and has not committed any offence. Complainant himself was
under influence of alcohol and fell down and sustained injuries.
Applicant is in jail since 28.6.2022. Investigation is completed. No
purpose would be served by keeping the applicant in the jail. Hence, he
prayed to release the applicant on bail.
4.

Mrs. Ashwini Raykar, APP for the State strongly opposed the
application on various grounds and prayed for rejection of bail
application.
5. I perused the Case diary and heard the Advocate for the applicant
and A.P.P. for the State. I have gone through the Law laid down in
respect of grant or refusal of bail, in following cases by the Hon’ble
Supreme Court :
1]
Sanjay Chandra ­Vs­ C.B.I., 2011 (13) SCALE 107,
(2012) 1 SCC 40;
2]
Moti Ram ­Vs­ State of M.P., (1978) 4 SCC 47;
3]
Babu Singh ­Vs­ State of U.P., (1978)1 SCC 579;
4]
Vaman Narain Ghiya ­Vs­ State of Rajasthan, (2009) 2 SCC
281;
5]
Siddharam Mhetre ­Vs­ State of Maharashtra, (2011) 1 SCC
694,
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6]
VivekKumar­Vs­ State of U. P., (2000) 9 SCC 443;
7]
Prahlad Singh Bhati ­Vs­ NCT, Delhi, (2001) 4 SCC 280;
8]
State of U.P. ­Vs­ Amarmani Tripathi, (2005) 8 SCC 21;
9]
Prahlad Singh Bhati .Vs. NCT, Delhi (2001)4 SCC 280
10]
Gurcharan Singh .Vs. State (Delhi Admn.) (1978)1 SCC118.

11]
Kalyan Chandra Sarkar .Vs. Rajesh Ranjan (2004) 7 SCC 528
12]
Ram Govind Upadhyay .Vs. Sudarshan Singh (2002)3 SCC 98
13]
Puran .Vs. Rambilas (2001) 6 SCC 338.

14]
Neeru Yadav .Vs. State of UP,AIR 2015 SC 3703
15]
Sharad Kumar..Vs…C.B.I, MANU/DE/2374/2011
17]
Bhadresh .Vs. state of Bihar , (2016)1SCC 152
18]
Bharat Choudhary .Vs. State of Bihar (2003) 8 SCC 77
19]
Munish Bhasin .Vs. State (NCT), (2009)4 SCC 45
20]
Niranjan Singh .vs. Prabhakar Kharote AIR 1980 SC 785,
21]
State of M.P. .Vs. RamKishna Balothia AIR 1995 SC 1198
22]
Pokar Ram .Vs. State of Raj.AIR 1985 SC 969
23]
Samunder Singh .Vs. State of Raj. AIR 1987 SC 737
24]
Ravindra Saxena .Vs. State of Raj. (2010)1 SCC 684
25]
Pravinbhai Patel .Vs. State of Gujarat (2010)7 SCC 598
26]
Ram Govind Upadhay .Vs. Sudarshan Singh (2002) 3 SCC 8,
27]
State of Mah. .Vs. Anand Dighe AIR 1990 SC 625,
28]
Anil Kumar Tulsiyani .Vs. State of U.P. (2006)9 SCC 425)
29]
Sushila Aggarwal vs State ( NCT) (2020) 5 SCC 1
30]
Arnab Goswami vs State of Mah. (2020) ALL MR( Cri) 4347
B.A.1782/2022
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31]
Mohammad Zubair vs State of NCT,Cri.W.P.279/ 2022 (SC)
32]
Satender Kumar Antil vs CBI SLP(Cri) 5191/2021( SC)
Dt.11.7.2022
and considered following factors while deciding this bail application :
(i)
Whether there is any prima facie or reasonable ground to believe
that the accused had committed the offence;
(ii)
Nature and gravity of the charge;
(iii)
Severity of the punishment in the event of conviction;
(iv)
Danger of the accused absconding or fleeing, if released on bail;
(v)
Character, Behaviour, Means, Position and Standing of the
accused;
(vi)
Likelihood of the offence being repeated.

(vii) Reasonable apprehension of the witnesses being tampered with
and
(viii) Danger of justice being thwarted by grant of bail.

7.

In the light of law laid down in above cases, I perused the Case
diary. On perusal of the same, it is found that weapons are recovered
by police during investigation. Medical certificate of complainant is not
yet received as per reply dt. 28.7.2022, of the Investigating officer.
Applicant is in jail since 28.6.2022. Offence is triable by Magistrate.

8.

Considering all above facts on record, no purpose would be
served by keeping applicant behind the bar. Hence, I pass following
order.

B.A.1782/2022
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Order
ORDER
1.
2.

Bail Application No. 1782/2022 is hereby allowed.
Applicant/accused namely Sanjay Suresh Jadhav in
C.R.No.443 of 2022 registered with Bhandup Police
Station for the offence punishable under Sections
323,326,504 of IPC, shall be released on his
executing PR Bond of Rs.20,000/­ (Twenty Thousand
only) with one or two sureties of the like amount on
the conditions that :­
a)
He shall not pressurize the prosecution
witnesses in any manner.

b)
He shall not commit any offence while on bail.

c)
He shall attend the dates of Court regularly
unless exempted by the Court.

d)
He shall furnish his correct address to the
investigating officer.
3.

He be released on provisional cash bail of
Rs.20,000/­. Duration of provisional cash bail shall
be of four weeks.

4.

Bail before concerned Magistrate.

5.

Bail Application No.1782/2022 is disposed of
accordingly.

Digitally signed
by SHASHANK
SHASHANK
MANOHARRAO
MANOHARRAO MENJOGE
MENJOGE
Date: 2022.08.05
16:42:51 +0530
( S.M. MENJOGE )
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.
Dictated on
Transcribed on
Date of sign
: 05.08.2022.
: 05.08.2022.
: 05.08.2022.

B.A.1782/2022
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Order
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
05.08.2022.
UPLOAD DATE AND TIME
Mrs. S.S.Sawant
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)

S.M. MENJOGE, Addl. Judge.,City Civil &
Sessions Court, (C.R.No.17).

Date of pronouncement of /Order
05.08.2022.

Order signed by P.O. on
05.08.2022.

order uploaded on
05.08.2022.