CNR No.

MHCC02­008761­2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.1604 OF 2022
Sujeet Prakash Sawant
R/o : 9, Rampali Sharma Chawl,
Jawahar Nagar, Golibar Road,
Khar­Bandra (East), Mumbai­51.

…
Applicant
…
Respondent
Versus
The State of Maharashtra
(At the instance of Police Station,
Nirmal Nagar,
C.R.No.609/2022)
Appearance:
Mr. Bommer Limbadri @ Lingesh, Ld. Adv. for applicant.
Mr. Ramesh Siroya, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
July 6, 2022
ORDER
1.

Applicant
Sujeet
Prakash
Sawant
is
accused
in
C.R.No.609/2022 registered with Nirmal Nagar Police Station under
Ss. 307, 341, 326, 323, 324, 504, 506(2), 141, 143, 144, 147, 148, 149
of I.P.C. He is praying for bail.
2.

Prosecution vide say (Exh.02) of Investigating Officer
strongly opposed the application referring facts alleged in the FIR and
on following grounds :
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BA No.1604/2022
a. Applicant Sujeet was found present at the time of incident
in the unlawful assembly and this fact is recorded in CCTV.
b. All accused persons in order to kill the injured Santosh @
Rajveer formed unlawful assembly and applicant Sujit
Sawant was present in the said assembly.
c. Only five accused persons out of 15­16 could be arrested till
date. If the applicant is released on bail he will abscond.
d. Weapons are yet to be recovered and involvement of the
applicant is revealed.
e. Investigation is in progress.
With this prosecution contended to reject the application.
3.

Heard Mr. Bommer Limbadri @ Lingesh, Ld. Adv. for
applicant and Ld. A.P.P Mr. Ramesh Siroya. Following points arise for
my determination. I am recording following findings thereon for the
reasons discussed below :­
POINTS
FINDINGS
1.

Whether the applicant­accused has made
out a strong prima­facie case to release him
on bail ?

Yes
2.

What Order ?

Application is
allowed.
REASONS
POINTS NO.1 AND 2.
THE FACTS INVOLVED IN C.R.No.609 OF 2022.
4.

Informant works as office boy in the office of Hari Shastri
who is secretary of Maharashtra Kamgar Sena. On 01.06.2022 at 12.30
p.m. the informant was standing outside his office with Pravin Bhaskar
BA No.1604/2022
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Aail, Rajveer @ Santosh Amrale. Bunty @ Ratnadeep and applicant
Anil Dhilod came in the shop opposite the said office. Bunty made
gesture of firing towards them and also threatened the informant.
Accordingly, informant alongwith his colleagues approached Nirmal
Nagar police station and lodged report thereof against Bunty Sawant. It
was entered as non cognizable.

At 16.30 hours informant and his
colleagues went BKC 28, Building No.27, MHB Colony, Khernagar,
Bandra (East), Mumbai, at that time Rajveer and Manoj Pawar were
with the informant. Dinesh Kadam, Machhindra Jadhav, Suresh Nishad
and others were on the work site, at that time Santosh Achrekar came
there, he took Rajveer at some distance and further started threatening
him. Rajveer was asking Santosh Achrekar as to why he and Haribhai
were threatened to kill by Bunty Sawant. At that time, Bunty Sawant,
his brother Prasad and Sujeet, Mahendra @ Mahya, Anil Dhilod i.e. the
present applicant, Pratik Jadhav, Deven and their other friends arrived
and started quarrel with informant and his colleagues. Rajveer was
abusing informant and his colleagues.

However, informant and his
colleagues were trying the pacify Rajveer, but altercation took place.
Suddenly, Bunty brought iron spatula and started swinging the same.
Scuffle took place wherein Bunty and Mahendra @ Mahya threatened
Rajveer to take his life and further assaulted his head by iron ­spatula
and wooden plate.
5.

Rajveer sustained injury on the head hence fell down.

Informant and Rajveer shouted hence Dinesh Kadam, Machhindra
Jadhav, Suresh Nishad and others came to help them.

Prasad and
Sujit beat Rajveer by stump and stick, therefore, informant also got
injuries. Santosh Achrekar was beating by hand. Pratik Jadhav and
Deven beat Rajeveer, informant, Manoj, Dinesh Kadam, Machhindra
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BA No.1604/2022
Jadhav, Suresh Nishad by stone block. At that time, Santosh Achrekar
took iron­from the hand of Bunty and gave its blow to Rajveer on his
head and leg. Devendra Pednekar and Anil Dhilod i.e. applicant started
beat with stick.

People started running everywhere, even small
businessmen also fled. People who came for the help of informant and
his colleagues took Rajveer, Manoj Pawar and informant to V.N. Desai
Hospital in the car of Saurabh. These are the facts.
6.

Careful examination of the facts mentioned in the FIR
indicate the roles attributed to various accused persons, which are as
follows,
a. Ratnadeep @ Bunty
Sawant
He brought iron spatula and started
swinging it and subsequently gave
blow thereof on the head of the
victim
b. Mahendra @ Maya
alongwith
Bunty
Sawant
They gave threats of killing to
Rajveer. Maya beat the injured on
his head with wooden plate.

c. Prasad and Sujeet
Prasad beat Rajveer by stick and
Sujit by stump.

d. Santosh Achrekar
Initially beat Rajveer by hand and
subsequently took iron spatula
from Bunty and gave its blows on
the head and leg of Rajveer.

e. Pratik Jadhav
Deven
and
f. Devendra Pednekar
and Anil Dhilod
7.

Both beat Rajveer, informant,
Manoj,
Dinesh
Kadam,
Macchindranath Jadhav, Suresh
Nishad by stone block.
Both beat Rajveer by sticks.

The applicant was arrested on 02.06.2022.

Careful
examination of the facts and role attributed to each accused as referred
BA No.1604/2022
.. 5..

above, it appears that Ratndeep @ Bunty Sawant had given blow of iron
spatula on the head of the injured. Similarly Mahendra @ Maya gave
blow of wooden plate on the head of injured and Santosh Achrekar took
iron spatula from Bunty and gave its blows on the head and legs of
Rajveer. These facts which are prominent from the allegations made in
the FIR and CCTV footage prima­facie indicate the role of Ratnadeep @
Bunty Sawant, Mahendra @ Maya and Santosh Achrekar in making
assault on the vital part of the body i.e. head of Rajveer. The role
attributed to the present applicant indicates that he beat Rajveer by
stump when Rajveer was lying on the ground. Careful observation of
CCTV footage indicates that he gave blow stump on the legs of Rajveer.
Therefore, role attributed to him at the most indicates an offence under
Sec.324 IPC.
8.

The Investigating Officer in his say made vague statement
that some of the weapon are recovered and some are yet to be
recovered.

He has not submitted the clear facts from whom which
weapon was seized. It cannot be ignored that accused is behind bars
since more than one month and I strongly feel that investigation to his
extent is almost over. Even complainant has been discharged way back
and he was present in the Court many previous occasions to watch
CCTV footage recorded. In this background I strongly feel that there is
no necessity to keep the accused behind bars hereafter. No one is suret
when the investigation will be over, chargesheet will be filed, case will
be committed, charge will be framed and trial will begin. Therefore, no
purpose will serve in keeping the applicant in jail for uncertain period.
If certain conditions are imposed on him, all objections raised by the
prosecution can be safeguarded. With this, I hold that applicant has
made out strong prima­facie case for granting bail. Hence, Point No.1 is
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BA No.1604/2022
answered in the affirmative and following order is passed :­
ORDER
1.

Bail Application No.1604 of 2022 is allowed.

2.

Applicant Sujeet Prakash Sawant shall be released on bail
in C.R.No.609 of 2022 registered with Nirmal Nagar
Police Station by executing PR bond of Rs.15,000/­ and
surety bond of like amount and on following conditions,
i)
The applicant shall attend Nirmal Nagar Police Station
once in a week on every Sunday at any time between
08.00 a.m. to 05.00 p.m. and maintain its record for 60
days.

ii)
The applicant shall undertake not to pressurize informant
and prosecution witnesses, and also not to tamper with
the evidence of prosecution.

iii)
The applicant shall not leave Mumbai without permission
of the Court.

3.

The applicant is permitted to furnish provisional cash
security of Rs.15,000/­ for a period of two months, with
PR bond as directed above.

4.

Bail before Ld. Court of First Instance.
MADHAV
GOPAL
DESHPANDE
Dt.: 06.07.2022
Signed on
Digitally signed by
MADHAV GOPAL
DESHPANDE
Date: 2022.07.06
18:03:59 +0530
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 06.07.2022.

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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
07.07.2022 at
hours
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge
Date
of
pronouncement
judgment/order
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of
06.07.2022
Judgment/order signed by P.O. on
06.07.2022
Judgment/order uploaded on
07.07.2022
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