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B.A.124/24
MHCC020008482024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.124 OF 2024
1. Vikas Francis Koli
Aged 64 years,
adult, Indian Inhabitant,
Residing at Koli Samaj Building
No.16-17, Sewri, Mumbai 400015
2. Rupesh Joseph Koli
Aged 50 years,
adult, Indian Inhabitant,
21/3, Koli Samaj Co-operative
Housing Soc., Sewri Koliwada,
Sewri (E), Mumbai 400 015.
3. Stevan Dominic Gonsalves
Aged 39 years,
adult, Indian Inhabitant,
BDD Chawl No.8, Room No.60,
Patil Marg, Sewri (West),
Mumbai 400 015.

….Applicants
– Versus The State of Maharashtra
(At the instance of Sewree Police Station
C.R.No.232/2023)
.… Respondent
Appearance :Adv. Raja Thakare a/w Tushar Nirbhavne for the Applicants/ accused.
APP Iqbal Solkar for the respondent present.

CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 01/02/2024
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B.A.124/24
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing them on bail in connection with
crime registered at Sewree Police Station Vide C.R.No. 232/2023 for
commission of offence under Section 307,326,504,143,148,149 of The
Indian Penal Code and Section 37(3), 135 of Maharashtra Police Act.
2.

It is alleged by the applicants / accused that they are
innocent and falsely implicated in the present case. The accused are
arrested on 06.12.2023 and 07.12.2023 respectively. They have
undergone custodial interrogation. Nothing is to be seized or recovered
from the possession of the accused. Therefore, there is no point in
keeping the accused behind bars. They are the permanent resident of
their given address therefore they prayed for releasing them on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused are
released on bail there are chances of flee from justice. If the accused are
released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant and ld. APP for the State.
5.

It is the case of the prosecution that one Nitant Koli is cable
operator and is also running gym. There is partnership dispute between
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B.A.124/24
Nariman, Sunil Tiwari and Viren Pandey. On behalf of Sunil Tiwari and
Viren Pandey, one Stevan was looking after the connection of cable
wires. On 06.12.2023 at about 3.30 p.m. network connection through
cable was interrupted due to fault. Therefore, the informant Nitant Koli
informed Mr. Nariman about the said fault. Said Nariman informed that
he is available at Bapdeo Mandir. Therefore, the informant Nitant Koli
reached there. When the informant and Nariman were talking to each
other, one Veena Koli, Gavin Koli, Steven Gonsalvis and Vikas Koli came
there. Veena Koli was abusing the informant and Nariman. When she
was hurling abuses, Gavin Koli, Stevan Gonsalvis and Vikas Koli who
were holding wooden bamboo sticks, out of them Vikas Koli attacked
the informant with bamboo stick. There was blooding injury. Thereafter,
all of them attacked Mr. Nariman. The informant hold Vikas Koli while
Nariman left the spot and went towards Jagdamba Hotel. Rupesh Koli
attacked Nariman with bamboo stick. Said attack was on the hand, legs
and head. It is further alleged that Vikas Koli showed gun due to which
informant out of fear fled the spot on motorcycle of Mr. Ravi Bhalekar.
He was treated in the KEM Hospital. It is alleged that due to dispute
over cable network, Veena Koli Stevan Gonsalvis, Vikas Koli, Rupesh
Koli and Gavin Koli in furtherance of their common intention attacked
and assaulted the informant and Mr. Nariman and tried to kill them.
6.

The role attributed to the present applicants are that
applicants Vikas and Steven were holding bamboo in their hands. Vikas
attacked by means of bamboo on the head of the informant. These
applicants alongwith applicant Stevan assaulted Nariman. The applicant
Rupesh pushed Nariman and then by means of bamboo attacked on
hands, legs and head of Nariman. It is also alleged that applicant Vikas
showed gun to the informant. The applicants have relied upon the order
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B.A.124/24
of bail passed in favour of Bhaskar Uparkar. They claimed parity. I am of
the view that the role attributed to the present applicant / accused and
Bhaskar is not similar. It is to be noted that the charge sheet is already
filed. These accused are arrested on 06.12.2023 and 07.12.2023
respectively. Since then they are behind bars. Further, incarceration is
not necessary. If reasonable conditions securing presence of the accused
for trial are imposed, they are entitled for the bail. Hence, I pass the
following order :
ORDER
1.

Criminal Bail Application No.124 of 2024 is allowed.

2.

The Applicant / Accused No.1 Vikas Francis Koli, Applicant /
Accused No.2 Rupesh Joseph Koli, Applicant / Accused No.3 Stevan
Dominic Gonsalves arrested in C.R.No.232/2023 under Section
307,326,504,143,148,149 of the Indian Penal Code and Section 37(3),
135 of Bombay Police Act registered with Sewree Police station be
released on bail on furnishing P.B. and S.B. of Rs.25,000/- each with
one or two sureties.
3.

The applicants / accused shall not tamper with the prosecution
witnesses and evidence in any manner.

4.

The applicants / accused shall regularly attend the dates of
hearing of the case, unless exempted by the ld. Trial Court.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
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B.A.124/24
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6.

The applicants / accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

Date : 01/02/2024
Dictated on
Transcribe on
Signed by HHJ on
: 01.02.2024
: 02.02.2024
: 03.02.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.124/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
03/02/2024
5.34 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 01/02/2024
ORDER signed by P.O. on
03/02/2024
ORDER uploaded on
03/02/2024