1
BA 1041/22
MHCC020058482022
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
BAIL APPLICATION No. 1041 OF 2022
Sujeet s/o. Phulchand Nishad
R/o.: Flat No. 606, Opp., Gurunanak Park,
Kitkat Society, 16th Road, Bandra (W),
Mumbai – 400 050.
The State of Maharashtra
(Through Bandra police
station, vide Cr. No.601/2022)
… Applicant
­ Versus ­
… Respondent
Appearance :­
Mr. S. A. Shora, Advocate for applicant.
Mr. Shankar Erande, A.P.P. for respondent.
Mr. Naseem Shaikh, Advocate for intervener.

CORAM : SHRI. U. M. PADWAD,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 18/05/2022.
ORDER
.

Perused application, reply and record. Heard parties. Also
heard the intervener and perused his written submissions.
2]
The accused has allegedly assaulted the informant on
25/4/2022. The accused allegedly came to utensils shop of the
informant and demanded Rs. 50,00,000/­ from him and on that count
2
BA 1041/22
dealt blows of his helmet to the informant. The informant pushed him
away due to which the accused fell on a bike parked outside the shop.
The informant then made a phone call to Bandra police and sought for
help. The accused then rushed to the informant and took a frying pan
from his shop and struck it on his head. The informant sustained
injuries in the head and fracture in the back of both the middle fingers.
On his report the offence was registered and the accused was arrested.
3]
From the say of the Investigating Officer it is clear that the
material investigation is over. The informant has claimed that the
accused had given him threats through others and, therefore, he should
not be released on bail. However, there is WhatsApp chat to show that
the informant had consented for filing of a Writ Petition by the accused
for quashing of the report. There is nothing on record to show that the
informant was under any threat much less from the informant. Even the
Investigating Officer has apprehended that the accused may pressurize
the witnesses, However, that apprehension also does not seem well
founded. The assault was not premeditated nor the accused was armed
with any weapon. The assault appears more to be the result of sudden
rush of blood. The accused is in custody since substantial time and his
further detention does not seem necessary. In the circumstances of the
case he can be released on bail with certain stringent conditions. Hence
the order :­
ORDER
1]
Application is allowed.

2]
Accused Sujeet s/o. Phulchand Nishad arrested in Crime
Number 601/2022 under Sections 307, 385 and 504 of the Indian
Penal Code registered at Bandra police station be released on P.B.
and S.B. of Rs. 25,000/­ with one or two surety/s subject to
3
BA 1041/22
conditions that he shall not enter the jurisdiction of Bandra police
station till further orders.
3]
He shall communicate to the Investigating Officer the address of
his proposed residence alongwith necessary proof before being
released from jail.

4]
He shall attend the local police station on every alternate day
between 07:00 p.m. to 09:00 p.m. for 2 months and thereafter on
1st and 15th day of every month during the same time till
conclusion of the trial.

5]
It is further clarified that any consecutive two defaults in
attending the police station shall result in cancellation of the bail
without any separate order to that effect.

6]
The accused shall not tamper with the prosecution witnesses and
evidence in any manner.

7]
Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release
failing which the cash bail shall stand forfeited without any
separate order to that effect.

8]
9]
Bail before the learned committing Court.
Supply authentic copy.

Date : 18/05/2022.

Digitally signed
by UDAY
MANOHARRAO
UDAY
PADWAD
MANOHARRAO
Date:
PADWAD
2022.05.19
20:47:22
+0930
( U. M. Padwad )
Additional Sessions Judge,
Gr. Mumbai.

4
BA 1041/22
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
19/05/2022
04:45 p.m.

UPLOAD DATE
TIME
V. V. Kulkarni
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge
Room No.)
Shri. U. M. Padwad,
Court Room No. 30.
Date of Pronouncement of ORDER 18/05/2022
ORDER signed by P.O. on
19/05/2022
ORDER uploaded on
19/05/2022