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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.176 OF 2022
CNR NO. MHCC020008932022
Mr. Sushant Suresh Mhatre,
Age : 35 years, Occ : Service,
R/at : 6/2, Sheetal Subak Chawl,
Tokarashi Jivraj Road, Opposite Ashoka
Garden, Sewri, Mumbai,
Maharashtra – 400 015.
]
]
]
]
]
]…Applicant/Accused
Vs.
]
The State of Maharashtra
(At the instance of R.A.K. Marg Pol. Stn.) ]…Respondent/State
Appearances :
Mr. Tejasvee R. Lad, Ld. Advocate for the Applicant/Accused.
Mr. Shankar Erande, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI B.V. WAGH
(C.R. NO.24)
TH
DATED : 25 JANUARY, 2022.
(ORAL ORDER)
Dictated and pronounced in the open Court)
The applicant seek his release on bail under Section 439 of
Cr. P.C. in connection with C.R. No.224/2020 registered with R.A.K.
Marg Police Station for the offences punishable under Sections 353,
332, 324, 323, 504 of the Indian Penal Code.
2.
On 10.08.2020, the applicant alleged to have assaulted a
BEST Bus Driver while discharging his official duty. It is further alleged
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that applicant hacked the instrument on his head and near left eye and
cause injuries. On the basis of above mentioned information, the
aforesaid crime is registered for the offence punishable under Sections
324, 323, 504 of IPC. The applicant was released on bail on 11.08.2020.
However, after persuasion by the informant, the Police Authority in
April 2021 added Section 353, 332 of IPC. At the time of presenting the
chargesheet before the Ld. Metropolitan Magistrate, the applicant was
taken in MCR and in view of amendment in Section 353 and 332 of IPC,
the case is committed to the Court of Sessions and directed Jail
Authority to produce the accused before the Sessions Court on
29.01.2022.
3.
Heard the argument and perused the case record.
4.
It appears that initially on the basis of report of the
informant, offence under Sections 323, 324, 504 of IPC was registered
against the applicant. However, later on Sections 353, 332 of IPC were
added. In pursuance of addition of Sections 353 and 332 of IPC, the
applicant was taken in custody by the Ld. Metropolitan Magistrate and
committed the case to Sessions Court. Considering the applicant was
earlier released on bail for the offence under Sections 323, 324, 504 of
IPC and due to addition of Sections 332 and 353, the accused is taken
in judicial custody, it appears that due to amendment in Sections 332
and 353, the Ld. Metropolitan Magistrate has committed the case to the
Court of Sessions. As case is committed, it appears that there is nothing
remains to be investigated. Eventually, the applicant is released on bail.
Hence, the following order :
ORDER
1.
Criminal Bail Application No.176 of 2022 is allowed.
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2.
Applicant/accused Sushant Suresh Mhatre be released on bail on
his furnishing P.R. Bond of Rs.15,000/ along with surety of like
amount in connection with C.R. No.224/2020 registered with
R.A.K. Marg Police Station for the offences punishable under
Sections 353, 332, 324, 323, 504 of the Indian Penal Code.
3.
Earlier provisional cash bail is continued for the period of eight
weeks.
4.
Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.
5.
The applicant/accused 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.
6.
Applicant/accused shall not leave India without the previous
permission of the Court.
7.
Criminal Bail Application No.176 of 2022 stands disposed of
accordingly.
Date : 25.01.2022.
Dictated on
: 25/01/2022
Transcribed on : 25/01/2022
HHJ signed on : 25/01/2022
[B.V. WAGH]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
25.01.2022
Upload Time
3.55 p.m.
Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With Court HHJ SHRI. B.V. WAGH (CR 24)
Room No.)
Date
of
Pronouncement
JUDGMENT /ORDER
of 25.01.2022
JUDGMENT /ORDER signed by P.O. 25.01.2022
on
JUDGMENT /ORDER uploaded on
25.01.2022