Mumbai, July 6, 2022 – In a ruling that considered the completion of key investigative steps and the accused’s cooperation, the Additional Sessions Judge Anand Pandurang Kanade (C.R. 60) granted bail to Sahil Kishor Pathare in connection with a case of obstructing a public servant in discharge of his public functions, registered at Pant Nagar Police Station (C.R. No. 411/2022). The court imposed stringent conditions to address the prosecution’s concerns.

Background of the Case:

Sahil Kishor Pathare, a 21-year-old service professional from Ghatkopar (East), was arrested on May 19, 2022, for allegedly obstructing police officers who were attempting to apprehend him. The prosecution alleged that on May 16, 2022, police officers, acting on information that Pathare was wanted in another case, located him at his residence. While they were conducting inquiries, Pathare, with the help of co-accused Manish Pandagle, Nitesh Sonawane, and an unknown person, managed to escape. The case was registered under Section 353 read with Section 34 of the Indian Penal Code (IPC) (assault or criminal force to deter public servant from discharge of his duty) and Section 142 of the Maharashtra Police Act.

Arguments Presented:

Advocate Sumedh Jagtap, representing Pathare, argued that his client had cooperated with the Investigating Officer (I.O.) and that his further custody was unnecessary. He contended that there was no assault or use of criminal force by Pathare, making Section 353 of the IPC inapplicable. He also emphasized that there was nothing to be recovered from Pathare and that the investigation was practically complete.

Smt. Seema Deshpande, the Additional Public Prosecutor (APP), and the I.O. opposed the bail application. They argued that co-accused Nitesh Sonawane and an unknown person were absconding, and that there was a possibility of Pathare repeating the crime if released on bail. They also mentioned that five criminal cases were pending against Pathare.

Court’s Reasoning and Decision:

Judge Kanade, after reviewing the police papers, noted that the I.O. had visited the crime scene, prepared a spot panchnama, and recorded the statements of witnesses. He also considered that Pathare had been in detention since May 19, 2022, and that his police custody period was over.

“There is no propriety for his further detention,” Judge Kanade stated in his oral order. “For the aforesaid grounds, I am of view that applicant is entitled to be released on bail but on certain conditions.”

Consequently, the court granted bail to Sahil Kishor Pathare, ordering his release upon furnishing a Personal Recognizance (PR) bond of Rs. 20,000 and one or two solvent sureties of the same amount. A provisional cash security of Rs. 20,000 was also permitted for one month in lieu of the surety bond.

The court imposed several conditions, including that Pathare must obey an externment order dated January 22, 2022, provide a list of blood relatives with their addresses, inform the police and court of any change in address, submit copies of identification documents, cooperate with the I.O. for address verification, refrain from influencing witnesses, not leave Mumbai without permission, and not commit similar offenses.

Implications and Significance:

This ruling highlights the court’s approach to balancing the rights of the accused with the need to ensure the effective functioning of law enforcement. The decision underscores the importance of completing key investigative steps, such as recording witness statements and preparing a spot panchnama, before granting bail.

The imposition of stringent conditions, including adherence to an externment order and detailed address verification, reflects the court’s effort to mitigate potential risks and ensure that the accused remains accessible to the authorities.

The order was dictated on July 5, 2022, transcribed on the same day, and signed on July 6, 2022. It was uploaded on July 6, 2022, at 5:30 p.m.