Mumbai, July 14, 2022 – Vijay Kumar Akbal Singh and Hariom @ Gauri Ravindra Singh, accused in an assault case, have been granted bail by Additional Judge S.M. Menjoge. The court cited the minor nature of the injuries, the completion of the injured party’s initial medical treatment, and the magistrate-triable nature of the offense as reasons for granting bail.

Singh and Singh were arrested in connection with C.R. No. 345/2022 registered at Bhandup Police Station, Mumbai. They were charged under Sections 326 (voluntarily causing grievous hurt by dangerous weapons or means), 324 (voluntarily causing hurt by dangerous weapons or means),¹ 504 (intentional insult with intent to provoke breach of the peace),² and 506(2) (criminal intimidation) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code³ (IPC).

Prosecution’s Case:

The prosecution alleged that the accused had assaulted the complainant.

Defense Arguments:

Advocate Satyam Dube, representing the accused, argued for bail.

Prosecution’s Stance:

APP Ramesh Siroya, representing the State, opposed the bail application.

Court’s Observations and Decision:

Judge Menjoge noted the following key points:

• Magistrate-Triable Offense: The alleged offenses were triable by a magistrate.
• Minor Injuries: The injured party had been discharged from the hospital, and there was no possibility of the injuries escalating to a higher offense. The injury was caused on the cheek.
• Completion of Initial Treatment: The injured party had completed their initial medical treatment.
• Detention Period: The accused had been in jail since May 28, 2022.
• Lack of Final Medical Certificate: The final medical certificate was not on record.

“The injured is discharged from the hospital and there is no possibility of escalation to higher offence injured was caused on the cheek. The present applicants are in jail since 28/05/2022. Final medical certificate is not filed on record. No purpose would be served by keeping the applicants in the jail,” Judge Menjoge stated in his order.

Conditions of Bail:

The accused were granted bail on the following conditions:

• They must each execute a Personal Recognizance (PR) Bond of Rs. 15,000 with one or two sureties of the like amount.
• They must not pressure prosecution witnesses.
• They must not commit any offenses while on bail.
• They must attend all court hearings unless exempted.
• They must furnish their correct addresses to the investigating officer.
• They were granted provisional cash bail of Rs. 15,000 each for four weeks.
• Bail to be furnished before the magistrate.

Implications:

This decision highlights the court’s consideration of the severity of injuries and the completion of initial medical treatment in granting bail in assault cases. The court’s emphasis on the magistrate-triable nature of the offense and the lack of a final medical certificate indicates a balanced approach to bail decisions. The court also made sure to add conditions to avoid witness tampering, and to make sure the accused attend all future court dates.