Mumbai, March 7, 2024 – Nitesh Babu Manjrekar, a 21-year-old labourer, has been granted bail by the Sessions Court for Greater Mumbai in a case of attempted extortion and assault. Additional Sessions Judge A.A. Kulkarni, presiding over Court Room No. 22, allowed Manjrekar’s bail application (Criminal Bail Application No. 556 of 2024), citing the completion of the investigation and the filing of the charge sheet.
Manjrekar was arrested by Govandi Police Station in connection with C.R. No. 386/2023, facing charges under sections 307 (attempt to murder) and 385 (putting person in fear of injury in order to commit extortion) of the Indian Penal1 Code (IPC).
The Allegations and FIR:
According to the FIR, on October 16, 2023, at 12:45 PM, the complainant and others were gathered at Zala Maidan for a Navratri festival meeting. Manjrekar allegedly approached them and demanded money for alcohol. When the complainant refused, Manjrekar allegedly attacked him with a sharp weapon, causing injuries to his right thumb and left hand.
Defense Arguments:
Manjrekar, through his advocate Maya Upadeshe, argued that he was innocent and falsely implicated. She contended that the allegations did not constitute an offense under section 307 of the IPC, that no further recoveries were needed, that the injured had been discharged from the hospital, and that the investigation was complete with the charge sheet filed. She emphasized that Manjrekar was a permanent resident of Mumbai and was ready to cooperate with the police.
Prosecution’s Objections:
The prosecution, represented by APP J.N. Suryawanshi, opposed the bail application. They argued that Manjrekar was present at the scene and had assaulted the complainant, as stated in the complainant’s statement. They also claimed that Manjrekar was a habitual offender with a criminal record and that his release could lead to tampering with evidence and witness intimidation.
Court’s Analysis and Decision:
Judge Kulkarni, after reviewing the FIR and hearing arguments, noted that the investigation was complete and the charge sheet had been filed. He observed that further custody of Manjrekar was not required for investigation purposes. He concluded that, by imposing conditions, Manjrekar could be released on bail.
Conditions of Bail:
Judge Kulkarni granted Manjrekar bail on the following conditions:
- He must furnish a Personal Recognizance (P.R.) Bond of ₹50,000 with one or more sureties of the same amount.
- He must attend Govandi Police Station, Mumbai, as and when required by the investigating officer on notice.
- He must furnish his residential address proof and contact numbers to the investigating officer.
- He must not directly or indirectly influence, threaten, or promise any person acquainted with the facts of the case.
- He must not leave India without prior court permission.
- Bail must be furnished before the learned court below.
Significance of the Order:
This order highlights the court’s emphasis on:
- Completion of Investigation: The court considered the completion of the investigation and the filing of the charge sheet as a significant factor in granting bail.
- Further Custody Unnecessary: The court recognized that further custody was not required for investigation purposes.
- Conditions to Ensure Compliance: The court imposed conditions to ensure Manjrekar’s presence during the trial and prevent any interference with the investigation.
- Balancing Liberty and Justice: The court balanced the accused’s right to liberty with the need for a fair trial.
This ruling underscores the court’s approach in considering the stage of the investigation and imposing conditions to ensure compliance when granting bail.