Mumbai, April 30, 2022 – The Additional Sessions Judge R.M. Sadrani granted bail to three Maharashtra State Road Transport Corporation (MSRTC) employees, Sandeep G. Godbole, Ajit Vitthal Magare, and Manoj Pandurang Mudaliyar, who were arrested in connection with a protest at the bungalow of Hon’ble Minister Shri. Sharad Pawar. The court cited parity with previously granted bails and the absence of grievous injuries as reasons for granting bail.

The applicants were arrested in connection with Crime No. 132/2022, registered at Gamdevi Police Station, under various sections of the Indian Penal Code (IPC) and the Maharashtra Police Act, including rioting, unlawful assembly, assault on public servants, criminal trespass, and criminal conspiracy.

According to the prosecution, on April 8, 2022, a mob of 90-100 people, including the applicants, pelted stones and chappals at Shri. Sharad Pawar’s bungalow, “Silver Oak,” while protesting. A police constable, Avhad, was allegedly rendered unconscious and admitted to Breach Candy Hospital, while the complainant, Police Head Constable Satish Pundlik Pandav, sustained a minor finger injury.

The applicants, who were on strike as MSRTC employees, sought bail under Section 439 of the Criminal Procedure Code (CrPC), arguing that they were falsely implicated and that the injuries sustained were not grievous.

The prosecution, represented by Special Public Prosecutor (SPP) Gharat, opposed the bail, alleging that the applicants’ leader, Adv. Dr. Gunratna Sadavarte, was the mastermind behind the crime and had misappropriated funds collected from the employees.

Judge Sadrani, after hearing both sides, noted that there were no grievous injuries to either the complainant or his colleague Avhad. Avhad was discharged from Breach Candy Hospital on the same day and later admitted to J.J. Hospital for a pre-existing stomach pain issue.

“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. As per say of the prosecution, he is still under treatment and admitted in hospital. However, documents are different from the say. Apparently, Section 333 of IPC is not attracted in the absence of any grievous injury. Rest of the offences are punishable for five years, so far applicants are concerned.” Said Judge Sadrani.

The court also considered the parity argument, noting that co-accused had been granted bail in previous orders (B.A.No.894 of 2022 and B.A.No.903 of 2022).

“Further, on the ground of parity as the co-accused were released on bail as per order in B.A.No.894 of 2022 and B.A.No.903 of 2022, I am inclined to allow the application.” Said Judge Sadrani.

Consequently, the court granted bail to the applicants, ordering them to execute personal bonds of Rs. 10,000 each with one surety each of the same amount. The court also imposed the following conditions:

• The applicants must furnish their detailed addresses and phone numbers at the time of furnishing bail.
• The applicants must attend Gamdevi Police Station, Mumbai, as and when called by the investigating officer.
• The applicants must not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case.
• The applicants must not leave India without prior court permission.

“Applicant No.1 Sandeep G. Godbole, applicant No.2 Ajit Vitthal Magare and applicant No.3 Manoj Pandurang Mudaliyar in C.R.No.132 of 2022 of Gamdevi Police Station, Mumbai for the offence punishable U/s.142, 143, 145, 147, 149, 353, 332, 333, 448, 452, 107, 109, 120B, 335, 440, 406, 409, 201, 204 of Indian Penal Code and U/s.37 r/w. 135 of Maharashtra Police Act be released on bail on executing PR bond of Rs.10,000/- each with one surety each of the same amount. Applicants to furnish their detailed address, phone number at the time of furnishing bail. Applicants to attend Gamdevi Police Station, Mumbai as and when called by the investigating officer. Applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against themselves so as to dissuade him from disclosing such facts to the Court or to any police officer. Applicants shall not leave India without previous permission of the Court.” Judge Sadrani ordered.

The order was dictated, transcribed, and signed on April 30, 2022, and uploaded on the same day, as certified by stenographer Santosh B. Sawant.

This ruling highlights the judiciary’s approach in considering the severity of injuries and the principle of parity when deciding bail applications in protest-related cases. It also underscores the court’s effort to balance the rights of the accused with the need to maintain law and order.