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B.A. 77/24
MHCC020005552024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.77 OF 2024
Siddhesh Bhosle @ Chocolate
Age 24 years, Occ – Nil,
Residing at Ganesh Chawl,
Sion Koliwada, Antop Hill,
Near Church Rawli Camp,
Mumbai 400 037.

… Applicant
– Versus –
The State of Maharashtra
(At the instance of Wadala
Police Station vide Cr. No.72/2023)
… Respondent
Appearance :Advocate Aayush Pasbola for the applicant.
APP Iqbal Solkar for the respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 01/03/2024
ORDER
This is bail application by the accused u/sec.439 of The
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.72/2023 registered with Wadala Police Station, Mumbai for the
commission of offences punishable u/sec.307, 326, 146, 147, 148, 149,
34, 114, 212 of the Indian Penal Code and Section 37(1), 135 of
Maharashtra Police Act.

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2.

B.A. 77/24
It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
06.09.2023.

He
has
undergone
custodial
interrogation.

The
investigation is completed, charge-sheet is filed. There is no point in
keeping accused behind bars till conclusion of trial. He is a permanent
resident of his given address therefore he prayed for releasing him on
bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if accused is
released on bail there are chances of flee from justice. If accused is
released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, ld. APP for the respondent / State.
5.

I have gone through the application, reply, documents filed
on record. The accused is facing trial for the offence punishable
u/sec.307, 326, 146, 147, 148, 149, 34, 114, 212 of the Indian Penal
Code and Section 37(1), 135 of Maharashtra Police Act. All accused
including the present applicant in furtherance of their common
intention attacked the victim with deadly weapon. The injury certificate
reads that there are three grievous injuries on the scalp, forehead and
wrist of the victim. The accused Chetan Kamble attacked with sickle and
injured Mandar. When Mandar tried to save himself by obstructing
attack by his hand he sustained injury on his wrist. There are in all five
accused. The applicant Siddhesh is the accused No.5. It is alleged that
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B.A. 77/24
the accused Siddhesh Bhosale by means of chopper attacked on the
forehead and chest of injured Mandar. Apart from the grounds raised on
merit the applicant claims parity as co-accused Hitesh Nagade has been
released on bail by the Hon’ble High Court. The applicant relied upon
the said order dated 15.02.2024 passed in Bail Application No.66/2024.
The role attributed to the accused Hitesh was that he assaulted the
injured witness with Koyta on his head. The Hon’ble High Court also
considered that charge sheet is filed and investigation is completed. The
pendency of three more cases was also considered and said Hitesh is
released on bail.
6.

Accused Akshay Kamble has been enlarged on bail by the
Hon’ble High Court on 13.12.2023. The role attributed to the Akshay
Kamble was about threatening the witnesses by showing the chopper.
Though the role attributed to Akshay Kamble is not similar to the
present accused Siddhesh Bhosale but the role attributed to Hitesh
Nagade is similar to the present accused Siddhesh Bhosale. It is the
allegation that accused Hitesh Nagade by means of sickle twicely
attacked on the head of Mandar. Similar role is attributed to the
applicant Siddhesh that he also assaulted the injured Mandar with
chopper on his head. Therefore, the ground of parity is applicable to the
case. The present applicant is entitled for the bail on the ground of
parity. Pendency of other criminal cases against the applicant / accused
is not sufficient to deprive the applicant from entitlement of the bail.
Hence, I pass the following order :
ORDER
1.

Criminal Bail Application No.77 of 2024 is allowed.

2.

The Applicant / Accused Siddhesh Bhosle @ Chocolate, arrested
in C.R.No.72/2023 registered with Wadala Police Station, Mumbai for
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B.A. 77/24
the commission of offences punishable u/sec.307, 326, 146, 147, 148,
149, 34, 114, 212 of the Indian Penal Code and Section 37(1), 135 of
Maharashtra Police Act. be released on bail on furnishing P.B. and S.B.
of Rs.25,000/- with one or two sureties.
3.

The applicant / accused shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts
of the case so as to dissuade him from disclosing the facts to court or
any police officer. The applicant shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall regularly attend the concern police
station on 1st and 4th Saturday of every month till framing of charge.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6.

On being released on bail, the applicant / accused shall furnish
his new contact number and residential address to the Investigating
Officer and shall keep him updated, in case there is any change.
7.

Except for attending the trial in this case or other cases and for
the purpose of reporting to the investigating officer, the applicant shall
not enter within jurisdiction of Wadala Police Station after being
released on bail, till the trial concludes. If it is found that the applicant
is violating any of the condition, it is open for the prosecution or the
complainant to apply for cancellation of bail.
8.

The applicant / accused shall not leave India without prior
permission of the Court.
9.

The applicant shall attend the trial regularly.

10.

The applicant shall surrender his passport to the Investigating
Officer.

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B.A. 77/24
11.

Bail before the concern Magistrate.

12.

Criminal Bail Application No.77 of 2024 is disposed of
accordingly.
Date : 01/03/2024
Dictated on
: 01.03.2024
Transcribed on
: 02.03.2024
Signed by HHJ on : 06.03.2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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B.A. 77/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
07/03/2024
1.39 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri. R.A.
Room No.)
Sasne, Court Room No. 30.
Date of Pronouncement of ORDER 01/03/2024
ORDER signed by P.O. on
06/03/2024
ORDER uploaded on
07/03/2024