Mumbai, Maharashtra – May 10, 2022 – A Mumbai Sessions Court has granted bail to Dipak Nivrutti Jagdale, an employee of the Maharashtra State Road Transport Corporation (MSRTC), who was arrested in connection with the attack on NCP leader Sharad Pawar’s residence. The court, presided over by Additional Sessions Judge R.M. Sadrani, granted bail citing parity with other co-accused and the absence of grievous injuries.
Dipak Nivrutti Jagdale was arrested in connection with C.R. No. 132 of 2022, registered at Gamdevi Police Station, for offenses punishable under sections 142, 143, 145, 147, 149, 353, 332, 333, 448, 452, 107, 109, 120B, 335, 440, 406, 409, 201, 204 of the Indian Penal Code (IPC) and section 37 read with 135 of the Maharashtra Police Act.
Details of the Allegations:
According to the prosecution, on April 8, 2022, a mob of 90-100 people, allegedly MSRTC employees on strike, pelted stones and chappals at Sharad Pawar’s bungalow, “Silver Oak.” The incident resulted in injuries to police personnel, with one constable, Avhad, being hospitalized. The complainant, Police Head Constable Satish Pundlik Pandav, also sustained a minor injury.
Arguments Presented During the Bail Hearing:
Jagdale’s advocate, Mr. Aashish Raghuvanshi, argued for bail, while the Special Public Prosecutor (SPP) was absent.
Court’s Reasoning and Decision:
Judge Sadrani, after reviewing the case records, noted that neither the complainant nor Constable Avhad sustained grievous injuries. Avhad was discharged from Breach Candy Hospital on the same day of the incident and later admitted to J.J. Hospital for a pre-existing stomach issue, not directly related to the attack. The court observed that the documents did not support the prosecution’s claim of ongoing treatment.
“There is no grievous injury either to informant or his colleague Avhad. Avhad was discharged from Breach Candy Hospital on the same day. On the same day, he had made a complaint to the doctor about stomach pain since sometime back with exertion. On the next day, he was admitted to J.J. Hospital under Dr.SRB unit and he was discharged from the hospital on 15/04/2022,” Judge Sadrani stated in the order.
The court also noted that the co-accused had been granted bail in similar cases (B.A.No.894 of 2022, B.A.No.903 of 2022, and B.A.1000 of 2022), establishing grounds for parity.
“Further, on the ground of parity as the co-accused were released on bail as per order in B.A.No.894 of 2022, B.A.No.903 of 2022 and B.A.1000 of 2022, I am inclined to allow the application,” Judge Sadrani stated.
The court concluded that Section 333 of the IPC (voluntarily causing grievous hurt to deter public servant from his duty) was not attracted in the absence of grievous injury, and the remaining offenses were punishable by a maximum of five years.
Conditions of Bail:
The court granted bail to Jagdale on a personal bond of Rs. 10,000 with one surety of the same amount, subject to the following conditions:
- Jagdale must furnish his detailed address and phone number at the time of furnishing bail.
- The bail must be furnished before the court attending remand.
- Jagdale must attend Gamdevi Police Station as and when called by the investigating officer.
- Jagdale must not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case.
- Jagdale must not leave India without the court’s permission.
Implications of the Decision:
This decision highlights the court’s emphasis on parity and the specific nature of injuries sustained in granting bail. It also underscores the importance of factual accuracy in prosecution claims and the court’s scrutiny of medical evidence.