1
Cri. BA 613/2024
MHCC020040792024
IN THE COURT OF CITY CIVIL AND SESSIONS AT GRATER BOMBAY
(COURT ROOM NO.23)
(Presided over by Shri N. P. Tribhuwan, Additional Sessions Judge)
CRIMINAL BAIL APPLICATION NO.613 OF 2024
Applicant :
Sushil Hamir Sutar
Age : 22 years, Occu: Nil, R/o. Village
Rapar Dist. Kach, Rajasthan
VERSUS
Respondent :
The State of Maharashtra
Through V. P. Road Police Station
Mr. Shailesh S. Kharat, learned Advocate for Applicant.
Mrs. Ranjana Budhwant, learned APP for the State.
ORDER
(Delivered on 14/03/2024)
This is an application under Section 439 of Cr.P.C. for
releasing applicant/accused Sushil Hamir Sutar on bail in Crime
No.120/2024 for the offence punishable under Sections 448, 395, 323
of Indian Penal Code, registered with V. P. Road Police Station, Mumbai.
2.

Heard learned Counsel for applicant and learned APP for
the State. Perused Bail Application, say/reply and documents.
3.

It is case of prosecution that informant Dipesh Motilal Shah
has given complaint/report in V. P. Road Police Station. He alleged that
2
Cri. BA 613/2024
he is residing at Room No.A14 & 19, 1 st floor, Tarabaug Estate, Rajaram
Mohanroy Road, Charni Road, Mumbai alongwith his mother and wife.
Their kitchen is in Room No.14 and they use to sleep in Room No.19.
On 22.02.2024 at about 9.15 p.m. when he was in Room No.14, five
unknown persons entered in the said room. Informant asked them why
they entered in his room but the said persons have closed the door and
bolted from inside. At that time, one of them has demanded money to
the complainant by saying that they came from Rajasthan. At that time,
the said person has caught hairs of the mother of informant and
snatched mobile phone from her. Out of them, two persons have caught
hold mother of informant. Out of them, three persons started beating to
the complainant by hands. Therefore, complainant and his mother
shouted but one person has tried to keep cloth on the mouth of mother
of complainant. On listening the shouting, the residents of the chawl
started to knock the door. Therefore, the said five persons frightened
and opened the door. They tried to ran away. However, complainant has
caught one person. Residents of the chawl have caught another person.
Remaining three persons ran away by taking the mobile phone of
mother of complainant. In the said incident, complainant and his
mother has sustained injury to their hand. Residents of the chawl called
police. Thereafter, police came there and taken those two persons in
police station. On inquiry by police, the said two persons told their
name Sushil Hamir Sutar and Sandeepkumar Shrichand Badjati,
resident of Rajasthan State. They also told the name of remaining three
accused, who ran away. Their names are Sattyaraj, Dilip and Vikas.
4.

Learned counsel of applicant argued that applicant is
getting married on 17.03.2024 and therefore on humanitarian ground
he be released on bail. He has filed Wedding Card with application
3
Cri. BA 613/2024
Exh.3. Most of the investigation is completed. Applicant si thoroughly
interrogated by investigating officer. Now nothing is recoverable from
applicant. The articles has been recovered and seized by the
investigating officer.
5.

Learned APP argued that during investigation, it revealed
that present applicant was caught at the spot of incident while
committing the offence of dacoity. There is evidence of CCTV footage
and also direct evidence of eye witnesses. If accused is released on bail,
he will not remain present during the trial. Yet absconded accused Vikas
is not found.
6.

Taking into consideration above facts, it seems that
accused/applicant was arrested on 23.02.2024. He was remanded to
police custody till 01.03.2024. He is in Magistrate custody from
01.03.2024. Applicant/accused has played active role in commission of
the crime. However, accused is in jail from 01/03/2024. It seems that
accused has no criminal antecedent. It seems that further custody of
applicant is not necessary. Offence punishable under Section 395 of IPC
is punishable with imprisonment upto 10 years. It seems that
complainant and his mother have sustained injuries but prosecution
have not made it clear whether they have sustained simple or grievous
hurt. As per prosecution story accused have not used the weapon while
committing the offence. Considering above the factors, nature of
offence and allegations, applicant can be admitted to bail. Hence, I pass
following order.
1.
under.

ORDER
Criminal Bail Application No.613 of 2024 is allowed as
4
Cri. BA 613/2024
2. Applicant/accused Sushil Hamir Sutar is released on bail in
Crime No.120/2024 for the offence punishable under Sections
448, 395, 323 of Indian Penal Code, registered with V. P. Road
Police Station, Mumbai ; subject to conditions :
i) Applicant shall execute a Personal Bond for a sum of
Rs.25,000/- with one or more sureties in the like amount.
ii) Applicant shall not tamper with any of the prosecution
witnesses, directly or indirectly.
iii) Applicant shall co-operate with the investigation and make
himself available for interrogation whenever required.
iv) Applicant shall remain present at the concerned Police Station
on every alternate Thursday between 10.00 a.m. to 1.00 p.m. for
a period of 3 months or till filing of charge-sheet whichever is
earlier.
v) Applicant shall not misuse his liberty.
vi) Applicant shall furnish his detail address and mobile number
to the investigation officer and the concerned court. In case
applicant change his residence/address and mobile number, he
shall furnish the same to the I.O and concerned court.
3. Bail before learned trial court.
4. Inform to the learned trial court.
Date : 14.03.2024.

NITIN
PUNJAJI
TRIBHUVAN
Digitally signed
by NITIN PUNJAJI
TRIBHUVAN
Date: 2024.03.14
17:16:39 +0530
(N.P. Tribhuwan)
Additional Sessions Judge,
C.R.No. 23, Gr. Mumbai.

5
Cri. BA 613/2024
Direct dictated on : 14.03.2024
Checked on
: 14.03.2024
Signed on
: 14.03.2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
14.03.2024 at 5.15 p.m.
UPLOAD DATE AND TIME
Mrs. K.S.Bhosale
NAME OF STENOGRAPHER
Name of the Judge (With Court Room HHJ SHRI N. P. TRIBHUWAN
No.)
(C.R.No.23)
Date of Pronouncement of JUDGMENT 14.03.2024
/ ORDER
JUDGMENT/ORDER signed by P.O. on 14.03.2024
JUDGMENT/ORDER uploaded on
14.03.2024