Bail Application No.65/2024.
MHCC020004422024
IN THE COURT OF ADDITIONAL SESSIONS JUDGE MUMBAI,
AT GR. MUMBAI
CRIMINAL BAIL APPLICATION NO. 65 OF 2024.
IN
C.R. NO. 384 OF 2009.
Sudhakar Shankar Suradkar
… Applicant
Vs.
The State of Maharashtra,
(At the instance of Matunga Police Station,
Vide C.R.No. 384/2009).

…Respondent.

Appearances :Ld. Adv. Mr. Archishmati Chandramore H/f Adv. Ashwin Thool for the
applicant/accused.
Ld. APP. Mr. Abhijeet Gondwal for the State/Respondent.
CORAM : H.H. THE ADDITIONAL SESSIONS JUDGE
DR. A. A. JOGLEKAR (C.R.NO.37)
DATED : 08TH JANUARY, 2024.
ORAL ORDER
By
this
application
the
applicant/accused
Sudhakar
Shankar Suradkar being accused in C.R.No.384/2009 registered with
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Bail Application No.65/2024.
Matunga Police Station for the offences punishable under Sections
403, 406, 120-B and 34 of Indian Penal Code, (hereinafter referred to
as, “IPC”), seeks bail under Section 439 of the Code of Criminal
Procedure, 1973 (In short, “CrPC”).
2.

It is stated that, as on 06.01.2024 the Ld. Trial Court
rejected exemption application filed by the Ld. Advocate for
applicant/accused and proceeded to issue non bailable warrant.
Inspite of the fact that exemption application was filed and that later
on the applicant/accused was also kept present in the Court as on
06.01.2024. The applicant/accused was handed over in the custody
of Court staff of Matunga Police Station by the Ld. Trial Court and
thereafter, he is kept in Arthur Road Prison.

3.

Ld. Advocate for applicant/accused states that, the
applicant/accused is an age old senior citizen and a retired police
officer and not in the best of his health.

It is stated that, the
applicant/accused has abided by the directions of the Ld. Trial Court
and had no intention to breach the directions of the Ld. Trial Court
and on the contrary the applicant/accused inspite of medical anxiety
had remained present later on before the Ld. Trial Court on the same
day when NBW was issued.

Thus, the Ld. Advocate for
applicant/accused prayed for enlarging the applicant/accused on
bail.
4.

Per contra the prosecution has filed their reply vide Exh.2,
and inter alia have stated that, considering the age and the medical
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Bail Application No.65/2024.
ailments faced by the applicant/accused, he be released on stringent
conditions. Hence, the Ld. Prosecutor prayed for necessary orders.
5.

Heard the Ld. Advocate for applicant/accused and Ld.
Prosecutor for the State. Perused application and reply along with the
documents filed and relied by the parties.

6.

Upon copious perusal of the case record it is evident that,
the applicant/accused is detained on account of his absence before
the Ld. Trial Court. It is evident that, the applicant/accused is a
senior citizen and retired police officer. It is also stated that, the
applicant/accused is medically informed. Considering the same, I do
not find further incarceration of the applicant/accused being
required.

In the backdrop of the aforesaid facts, I hold that, the
application deserves consideration. Hence, order infra: –
ORDER
1. Bail Application No. 65/2024 is allowed.
2. The applicant/accused Sudhakar Shankar Suradkar
being accused in C.R.No.384/2009 registered with
Matunga Police Station for the offences punishable
under Sections 403, 406, 120-B and 34 of Indian
Penal Code, be released on furnishing P. R. bond of
Rs.30,000/- (Rupees Thirty Thousand Only) with
one or two sureties in the like amount.
3. The applicant/accused and his sureties shall provide
their respective residential addresses, mobile
numbers and email addresses, if any.
The
applicant/accused shall intimate any such change in
address or telephone number and Email ID
forthwith.
4. The applicant/accused shall not directly or
indirectly make any inducement, threat or promise
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Bail Application No.65/2024.
to any person acquainted with the facts of the
present case to dissuade them from disclosing such
facts to the Court.
5. The applicant/accused shall not tamper with the
prosecution evidence in any manner.
6. The applicant/accused shall attend the Matunga
Police Station on every Tuesday and Friday between
11.00 a.m. and 4.00 p.m. until further order.
7. The applicant/accused shall surrender his passport
if any with the investigating officer. If the applicant
doesn’t have passport, he will furnish an affidavit to
that effect.
8. The applicant/accused shall not leave India without
permission of this Court.
9. Any breach of the conditions in this bail order shall
entail cancellation of bail forthwith.
10.
Bail Application No.65/2024 stands disposed
of accordingly.

DR. ABHAY
AVINASH
JOGLEKAR
Date : 08.01.2024.

Digitally signed by
DR. ABHAY
AVINASH
JOGLEKAR
Date: 2024.01.08
17:17:35 +0530
(DR. A. A. JOGLEKAR)
Additional Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay (C.R.No.37)
Dictated on
: 08.01.2024.
Transcribed on : 08.01.2024.
HHJ signed on : 08.01.2024.

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Bail Application No.65/2024.

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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