Mumbai, August 5, 2022 – Sanjay Suresh Jadhav, accused in an assault case, has been granted bail by Additional Sessions Judge S.M. Menjoge. The court cited the completion of the investigation and the fact that the offense is triable by a Magistrate as primary reasons for granting bail.

Jadhav was arrested in connection with Crime No. 443 of 2022 registered at Bhandup Police Station. He was charged under Sections 323 (voluntarily causing hurt), 326 (voluntarily causing grievous hurt by dangerous weapons or means), and 504 (intentional insult with intent to provoke breach of the peace) of the¹ Indian Penal Code (IPC).

Prosecution’s Case:

The prosecution alleged that on June 28, 2022, Jadhav assaulted the complainant, Juber Musa Shaikh, with a bamboo stick and a piece of tile, causing injuries to his head and eye. The altercation reportedly stemmed from a dispute over parking.

Defense Arguments:

Advocate Parvez Khan, representing Jadhav, argued that his client was innocent and falsely implicated. He claimed that the complainant, who was allegedly intoxicated, had fallen and sustained injuries on his own. Khan emphasized that Jadhav had been in jail since June 28, 2022, and that the investigation was complete. He argued that there was no purpose in keeping Jadhav in jail.

Prosecution’s Stance:

Mrs. Ashwini Raykar, APP, representing the State, strongly opposed the bail application, arguing for its rejection on various grounds.

Court’s Observations and Decision:

Judge Menjoge, after reviewing the case diary, noted that the weapons used in the alleged assault had been recovered by the police. However, the medical certificate of the complainant was still pending as per the investigating officer’s reply dated July 28, 2022.

The court also considered that Jadhav had been in jail since June 28, 2022, and that the offense was triable by a Magistrate.

“Considering all above facts on record, no purpose would be served by keeping applicant behind the bar,” Judge Menjoge stated in his order.

Conditions of Bail:

Jadhav was granted bail on the following conditions:

• He must execute a Personal Recognizance (PR) Bond of Rs. 20,000 with one or two sureties of the like amount.
• He must not pressurize prosecution witnesses.
• He must not commit any offense while on bail.
• He must attend court hearings regularly unless exempted.
• He must provide his correct address to the investigating officer.
• He was granted provisional cash bail of Rs. 20,000 for four weeks.
• Bail to be furnished before the concerned Magistrate.

Implications:

This decision highlights the court’s consideration of the completion of the investigation and the nature of the offense as crucial factors in granting bail. The court also took into account the period of custody already served by the accused. By imposing specific conditions, the court aimed to balance the accused’s right to liberty with the need to ensure his presence during the trial and prevent any interference with the judicial process. This case also underscores the importance of considering the specific circumstances of each case when evaluating bail applications.