1
Cri BA No.118-2024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.118 OF 2024
CNR NO.MHCC02-000807-2024
Surendra Sujen Pawar,
Age: 32 Years.

]
] …Applicant.

Versus
The State of Maharashtra
]
(At the instance of Shivaji Park Police Station ]
Vide C.R. No.11 of 2024.)
] …Respondent.
Advocate Sujit More for applicant.
APP Pankaj Chavan for the State.
CORAM :
SHRI. S.B. PAWAR,
THE ADDL. SESSIONS JUDGE (C.R. No.58)
DATE
:
18th JANUARY, 2024.
ORDER
The applicant who is confined in connection with C.R.
No.11 of 2024 registered with Shivaji Park Police Station for offence
under sections 353, 332, 504, 506, 427 of the Indian Penal Code and
section 185 of the Motor Vehicles Act, 1988, has filed the present
application for regular bail under section 439 of the Code of Criminal
Procedure, 1973 (in short “Cr.P.C.”).
2.

The case of the prosecution in brief is that on 11.01.2024
first informant Amit Prakash Kadam, Police Constable attached to
Shivaji Park Police Station, Dadar, was on night duty. He was patrolling
in the area of police station alongwith PSI Ingole in police vehicle. At
about 3.00 a.m. during patrolling they noticed one motor car bearing
registration No.MH-47-BL-0559 coming in high speed at Kasarwadi
Junction, J. K. Sawant Road, Dadar West, Mumbai. They stopped the
2
Cri BA No.118-2024
said vehicle. It was being driven by the applicant and he was under the
influence of intoxicant. He abused police persons in filthy language,
caught hold collar of the first informant and started beating the first
informant. He also misbehaved with other police personnel who came
to the said place after message given by the first informant. When
attempt was made to take his van with the help of D.D. Machine, he
threw the machine and caught and damaged it. He also snatched gold
chain and Bluetooth of the first informant and threw it on road.
Thereafter, he was handed over to Shivaji Park Mobile Van-1 and FIR
came to be registered against the applicant.
3.

The applicant contends that he is not involved in the
offence. He is the only earning member of his family. He is suffering
from heart disease and having a 50% blockage in blood vessel. Surgery
is necessary for his ailment. Investigation is complete. He is permanent
resident in the city of Mumbai and thus, prays for his enlargement on
bail.
4.

Prosecution through investigating agency filed reply and
opposed bail on the ground that he obstructed police servant in their
duty though they were in uniform, another offence under section 326 of
IPC is registered against the applicant at Kurla Police Station, there is
possibility that the applicant may commit similar offence and threaten
the first informant and witnesses if release on bail and it will be difficult
to secure his presence in the Court.
5.

I have heard learned Advocate for the applicant and
learned APP. The applicant is arrested on 11.01.2024 and since then he
is in custody. Remand application dated 11.01.2024 shows that on the
3
Cri BA No.118-2024
same day, he was remanded to judicial custody. Therefore, the custody
of the applicant was not required for the purpose of investigation.
6.

The documents annexed with the application in respect of
the medical ground urged in the application show that angiography was
conducted on the applicant on 29.12.2023 indicating blockage in
dominant vessel. He was also suggested surgery. Learned Advocate for
applicant submitted that on 12.01.2023 surgery of the applicant was to
be conducted and he needs the surgery due to the said ailment.
7.

The substantive investigation against the applicant seems to
be complete and therefore, further custody of the applicant is not
required for the purpose of investigation. He is resident in the city of
Mumbai and there is no possibility that he can make any attempt to
pressurize the first informant and witnesses who all happened to be
police personnel. In these circumstances, in my view, further detention
of the applicant in the jail is unnecessary and he may enlarge on bail on
suitable terms and conditions. Therefore, I pass following order:
ORDER
1.

Criminal Bail Application No.118 of 2024 is allowed.

2.

The applicant Surendra Sujen Pawar, who is accused in C.R.

No.11 of 2024 registered with Shivaji Park Police Station for offence
under sections 353, 332, 504, 506, 427 of the Indian Penal Code and
section 185 of the Motor Vehicles Act, 1988, be released on his
executing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand Only) and
on furnishing surety 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
4
Cri BA No.118-2024
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)
The applicant shall deposit his passport, if any, with
the Investigating Officer.
(g)
3.

The applicant shall attend the trial regularly.

Breach of any of the above conditions shall entail the cancellation
of the bail.
4.

Provisional cash bail of Rs.15,000/- allowed for the period of six
weeks.
5.

Criminal Bail Application No.118 of 2024 is disposed off
accordingly.

Date : 18/01/2024
Order Dictated on: 18/01/2024
Transcribed on : 18/01/2024
Checked on
: 23/01/2024
Signed on
: 23/01/2024
(S.B. PAWAR)
Additional Sessions Judge
City Civil & Sessions Court,
Gr. Bombay
5
Cri BA No.118-2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
23.01.2024
Upload Time
03.00 p.m.

Name of Stenographer
N.S. BAKRE
Name of the Judge (With Court SHRI. S.B. PAWAR (CR 58)
Room No.)
THE ADDL. SESSIONS JUDGE
Date
of
Pronouncement
JUDGEMENT /ORDER
of 17.01.2024
JUDGEMENT /ORDER signed by 23.01.2024
P.O. on
JUDGEMENT /ORDER uploaded 23.01.2024
on