Mumbai, January 24, 2022 – Anthony William Dias and Clara William Dias, a couple, have been granted bail by the Sessions Court for Greater Bombay in a case involving assault on a police officer. Additional Sessions Judge M.G. Deshpande (Court Room No. 16) issued the order on January 19, 2022.
The couple was arrested in connection with C.R. No. 386/2021, registered at the Shahu Nagar Police Station, for offenses under Sections 353 (assault or criminal force to deter public servant from discharge of his duty), 333 (voluntarily causing grievous hurt to deter public servant from his duty),1 504 (intentional insult with intent to provoke breach of the2 peace), 506-II (criminal intimidation), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code3 (IPC).
Background and Allegations:
The complainant, Woman Police Constable (WPC) Vidya Mahendra Gangurde, was on night duty on November 7, 2021. She and her team were directed to stop a group playing loud music at Shahu Nagar Maidan. During the intervention, Clara Dias, allegedly intoxicated, verbally and physically assaulted WPC Gangurde, causing injuries including a fractured nose. Anthony Dias was also accused of participating in the altercation.
Arguments Presented:
Advocate Ganesh R. Iyer, along with Firoza A. Shaikh and Manisha Gaikwad, represented the Dias couple. They argued that the investigation was complete, and the charge sheet had been filed. They contended that further detention was unjustified.
Additional Public Prosecutor (APP) Rashmi Tendulkar opposed the bail, citing the seriousness of the offense, the couple’s involvement, and the risk of them threatening witnesses.
Court’s Reasoning and Decision:
Judge Deshpande noted that the investigation was complete and the charge sheet had been filed. He also considered that the offense under Section 353 of the IPC, the primary charge, carries a maximum punishment of five years. He opined that keeping the accused in jail indefinitely was not justified given the potential punishment.
The court stated that whatever objections were raised by the prosecution could be addressed by imposing certain conditions.
The court found that the accused had made out a strong prima facie case for bail.
Bail Conditions:
The Dias couple was granted bail upon executing a personal bond of Rs. 15,000 each and furnishing surety bonds of the same amount. The following conditions were imposed:
- They must not abscond and must attend all court dates.
- They must not pressurize or threaten the complainant or prosecution witnesses.
- They must not leave Mumbai without prior permission from the court.
- They were granted provisional cash bail of Rs. 15,000 each for four weeks, during which they must provide sureties.
- Bail to be furnished before the court of first instance.
Order Details:
The order was dictated, transcribed, and signed on January 19, 2022, and uploaded on January 24, 2022.
This decision reflects the court’s consideration of the completion of the investigation, the potential punishment for the alleged offense, and the imposition of conditions to ensure the accused’s compliance with the legal process.