Mumbai, Maharashtra – May 12, 2022 – A Mumbai Sessions Court has granted bail to Deepak Ashok Pawar, accused in an assault case, despite his criminal antecedents. The court, presided over by Additional Sessions Judge R.M. Sadrani, granted bail after considering the circumstances of the case, including the fact that the injured was discharged from the hospital on the same day of the incident.

Deepak Ashok Pawar was arrested in connection with C.R. No. 90 of 2022, registered at Wadala Police Station, for offenses punishable under sections 326 (voluntarily causing grievous hurt by dangerous weapons or means), 120B (criminal conspiracy), 506(II) (criminal intimidation), read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code¹ (IPC).

Details of the Allegations:

According to the prosecution, the complainant, Arjun Gupta, alleged that Pawar, a known criminal in the locality, had a dispute with him. On March 30, 2022, at 8:00 PM, three unidentified individuals allegedly assaulted the complainant with iron rods and sugarcane sticks, causing a bleeding injury to his head. The complainant lodged a First Information Report (FIR) on March 31, 2022, naming Pawar as the instigator of the assault.

Arguments Presented During the Bail Hearing:

Pawar’s advocate, Ms. Munira Palanpurwala, argued for bail, while Ld. APP Abhijeet Gondwal represented the prosecution and opposed the application.

Court’s Reasoning and Decision:

Judge Sadrani, after reviewing the case records and hearing both sides, noted that the injured was discharged from the hospital on the same day of the incident. The court also acknowledged Pawar’s criminal antecedents but stated that this alone could not be a ground for rejecting the bail application.

“Applicant is having criminal antecedents. However, that cannot be a sole ground to reject the application. Considering the above facts, I am inclined to allow the application,” Judge Sadrani stated in the order.

Conditions of Bail:

The court granted bail to Pawar on a personal bond of Rs. 15,000 with one surety of the same amount. Additionally, Pawar was required to deposit a cash surety of Rs. 15,000. The bail was subject to the following conditions:

• Pawar must furnish his detailed address and phone number at the time of furnishing bail.
• The bail must be furnished before the court attending remand.
• Pawar must attend Wadala Police Station every Monday between 11:00 AM and 2:00 PM until further orders.
• Pawar must not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case.
• Pawar must not leave India without the court’s permission.

Implications of the Decision:

This decision highlights the court’s consideration of the specific circumstances of the case, including the nature and severity of the injury, despite the accused’s criminal background. It also underscores the court’s emphasis on ensuring the accused’s presence during trial and preventing witness tampering.