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Cri BA No.907-2024
MHCC020057842024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.907 OF 2024
Sonu Chandran Diwakaran,
Age: 38 Years, Occ: Labour.
]
] …Applicant.
Versus
The State of Maharashtra
]
(At the instance of V. B. Nagar Police Station Vide ]
F.I.R. No.295 of 2023)
] …Respondent.
Advocate Rajesh Kumar for applicant /accused.
APP Sulbha Joshi for the State.
CORAM :
SHRI. S. B. PAWAR,
THE ADDL. SESSIONS JUDGE (C.R. No.58)
DATE
:
10th APRIL, 2024.
ORDER
The applicant, who is in custody in connection with FIR
No.295 of 2023 (CCTNS No.416 of 2023) registered with V. B. Nagar
Police Station for offence under Sections 398, 452 and 352 of the Indian
Penal Code, has filed the present application for regular bail under
section 439 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”).
2.
As per the FIR lodged on the basis of statement of first
informant Nirbhay Sumer Singh, on 26.12.2023 the first informant was
sitting in his jewellery shop ‘Bhairavnath Jewellers’, Shop No.2, Almeda
House, Sonapur Lane, Kurla (West), Mumbai. At about 7.10 p.m. one
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Cri BA No.907-2024
unknown person entered in the shop and suddenly attacked the first
informant. The first informant tried to resist and raised shouts for help.
The said person again tried to assault the first informant. He was
carrying some object in his hand.
As first informant loudly raised
shouts for help, the said person threatened the first informant and left
the shop. Thereafter, he went towards Sakinaka on a red colour Activa
motorcycle. During investigation, investigating agency nabbed the
applicant as the culprit.
3.
The applicant seeks bail on the grounds that he is falsely
implicated, he is arrested on 01.02.2024 merely on suspicion and the
property is planted upon him. It is further contended that the victim is
out of danger and the offence can not escalate.
against the applicant is practically over.
The investigation
Charge-sheet is filed.
The
applicant is not a habitual offender. The material with charge-sheet does
not demonstrate commission of any act by the applicant. The trial in
the matter has not yet started and it will take longer time to conclude
the trial.
4.
Prosecution opposed the bail on the grounds that CCTV
footage is recovered from the spot of incident. One blade and knife is
recovered at the instance of accused.
Investigating Officer has sent
correspondence for conducting TIP of the accused. However, still TIP is
not conducted.
The offence is serious and there is possibility that
applicant may pressurize and threaten the informant and the witnesses.
There is possibility that he may abscond and may not remain present for
the trial. He committed the offence while he was on bail in C.R. No.536
of 2022 under sections 394, 34 of the Indian Penal Code. Therefore, he
may repeat the offence. Total three offences are registered against him.
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5.
Cri BA No.907-2024
Heard learned Advocate for the applicant and learned APP.
Advocate for the applicant argued that recovery at the instance of
accused is effected after one month of the incident. The articles are not
specific to connect those with the offence. The allegation is that there
was merely an attempt to commit robbery. No injury was caused to the
informant. At the time of incident, the offender was wearing helmet
therefore, the identity of the said person can not be established. Thus he
urged to allow the application. On the other hand learned APP argued
that prima facie offence is attracted against the applicant. The offence
is serious and there are chances that he may abscond as he is resident of
Karnataka.
TIP of the accused is still to be conducted and the
investigating agency is in the process of conducting TIP.
6.
I have carefully considered submissions of both the sides.
Perused the FIR alongwith all the material with the copy of charge-sheet
annexed with the application.
As per the allegations in FIR on
26.12.2023 at about 7.10 p.m. an unknown person entered in the shop
of first informant and suddenly attacked on him and tried to catch the
informant with his both hands. The informant pushed him. Thereafter,
the said assailant tried to hit the informant with hand. It is further
alleged that informant noticed something in the hand of the said
person.
There is no clear allegation in the FIR that informant had
noticed any specific weapon in the hands of the said person.
7.
As
per
memorandum
panchanama
and
recovery
panchanama dated 06.02.2024 one knife of 12 cm length and one blade
of 2 inch length is recovered at the instance of the applicant. In the
absence of description given by the informant of the object which was
allegedly in the hand of the assailant, there is prima facie no material at
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Cri BA No.907-2024
this stage to connect those articles with the alleged offence. As per the
charge-sheet, CCTV footage from the spot is recovered during the
course of investigation. Though the footage is not before the Court,
there is no mention in the final report that the person seen in CCTV
footage was carrying any article much the less any weapon in his hand.
8.
Statements
of
two
witnesses
are
recorded
during
investigation but the witnesses are not eye-witnesses as they have stated
that they had not seen the culprit. The investigation is completed and
charge-sheet is submitted before the Court. It is submitted on behalf of
prosecution that TIP is still not conducted. In this regard, it may be
noted that earlier bail application of the accused bearing No.563 of
2024 is rejected on 16.03.2024 primarily on the ground that
investigation was incomplete and TIP was not conducted. The applicant
is arrested on 01.02.2024. The investigating agency had sufficient time
to conduct the TIP.
Now, when charge-sheet is submitted after
completing investigation, the reason that TIP is not conducted may not
be a valid ground to reject application, if otherwise the applicant
deserves to be released on bail.
9.
It is further alleged that two other offences are registered
against the applicant. Out of the said offences, C.R. No.710 of 2023
under section 379 of the Indian Penal Code registered with Ghatkopar
Police Station is in connection with the scooter that was allegedly used
in the present crime and it also appears to have been filed against
unknown person. In the light of the material collected against the
applicant in the charge-sheet and considering the fact that investigation
is complete, further detention of the applicant in the jail is not
necessary. The apprehension of the prosecution can be safeguarded by
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imposing appropriate terms and conditions.
Cri BA No.907-2024
Thus, I pass following
order:
ORDER
1.
Criminal Bail Application No.907 of 2024 is allowed.
2.
The applicant Sonu Chandran Diwakaran, who is accused in FIR
No.295 of 2023 registered with V. B. Nagar Police Station for offence
under sections 398, 452 and 352 of Indian Penal Code, be released on
his executing PR Bond of Rs.30,000 /- (Rupees Thirty Thousand Only)
and with one or two sureties in the like sum on following conditions:(a)
The applicant 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
such facts to the Court or to any police officer.
(b)
The applicant shall not tamper with evidence of the
prosecution.
(c)
The applicant shall not commit similar offence while on
bail.
(d)
The applicant shall not try to contact the informant
personally or through anybody till conclusion of trial.
(e)
The applicant shall submit documents regarding his
permanent address and contact details to the concerned
police station and the Court, within seven days of his release
and if in future, there is any change in his address or contact
details, intimate the same to the concerned police station.
(f)
3.
The applicant shall attend the trial regularly.
Breach of any of the above conditions shall entail the cancellation
of the bail.
4.
Bail before learned trial Court.
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5.
Cri BA No.907-2024
Criminal Bail Application No.907 of 2024 is disposed off
accordingly.
SACHIN
BALVANT
PAWAR
Date : 10/04/2024
Order Dictated on: 10/04/2024
Transcribed on : 12/04/2024
Checked on
: 15/04/2024
Signed on
: 15/04/2024
Digitally signed
by SACHIN
BALVANT
PAWAR
Date: 2024.04.15
15:51:32 +0530
(S.B. PAWAR)
Additional Sessions Judge
City Civil & Sessions Court,
Gr. Bombay
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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THE ADDL. SESSIONS JUDGE
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JUDGEMENT /ORDER
of 10.04.2024
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