Mumbai, March 7, 2024: In a significant legal development, the Additional Sessions Court in Mumbai has granted bail to 24-year-old Siddhesh Bhosle, also known as “Chocolate,” who was arrested in connection with an attempt to murder case. The order was passed by Hon’ble Additional Sessions Judge Rajesh A. Sasne on March 1, 2024, in Criminal Bail Application No. 77 of 2024. The accused had been in custody since September 6, 2023, in connection with C.R. No. 72/2023, registered with Wadala Police Station.
Background of the Case
The case pertains to an alleged violent attack that occurred in Wadala, Mumbai, where the accused, along with four others, is said to have assaulted the victim, Mandar, with deadly weapons. The prosecution charged Bhosle under Sections 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons), 146, 147, 148, 149 (rioting and unlawful assembly), 34 (common intention), 114 (abettor present when the offense is committed), and 212 (harboring an offender) of the Indian Penal Code (IPC), along with Sections 37(1) and 135 of the Maharashtra Police Act.
Arguments by the Defense
Advocate Aayush Pasbola, representing the accused, contended that Bhosle had been falsely implicated in the case and had already undergone custodial interrogation. The investigation had been completed, and the charge sheet had been filed. Given that his co-accused, Hitesh Nagade, had been granted bail by the Hon’ble Bombay High Court on February 15, 2024, in Bail Application No. 66/2024, the defense argued that Bhosle was entitled to bail on the grounds of parity.
Additionally, it was argued that Bhosle was a permanent resident of the given address, making any concerns about him fleeing from justice baseless. His continued incarceration until trial would serve no legal purpose.
Prosecution’s Opposition
The prosecution, represented by APP Iqbal Solkar, strongly opposed the bail application, arguing that releasing Bhosle could lead to witness intimidation and tampering with evidence. The prosecution pointed out that the accused had played an active role in the attack, specifically assaulting the victim with a chopper on his forehead and chest. They also highlighted the seriousness of the charges and the pending trial.
Court’s Observations and Ruling
After hearing arguments from both sides and reviewing the evidence, the court took into account the fact that co-accused Hitesh Nagade had been granted bail despite having played a similar role in the alleged attack. The court noted that the victim had sustained three grievous injuries—on his scalp, forehead, and wrist—due to attacks from multiple accused persons, including Bhosle. However, considering the ground of parity and the completion of the investigation, the court found that further incarceration was not justified.
Thus, the court granted bail to Bhosle, imposing several conditions to ensure his compliance with legal proceedings:
- He was required to furnish a personal bond and surety bond of Rs. 25,000/-.
- He must not directly or indirectly influence or threaten prosecution witnesses.
- He must report to the Wadala Police Station on the 1st and 4th Saturday of every month until the framing of charges.
- He must not enter the jurisdiction of Wadala Police Station except for trial-related purposes.
- He must surrender his passport and not leave India without the court’s permission.
- He must provide his updated contact information and residential address to the Investigating Officer.
The court also allowed provisional cash bail, requiring Bhosle to furnish surety within four weeks of his release; failure to do so would result in the forfeiture of the cash bail.
Legal and Public Reactions
The bail order has sparked discussions within legal circles regarding the application of the parity principle in granting bail. Legal experts note that the decision reinforces the precedent that similarly placed accused persons should receive equitable treatment from courts. However, concerns remain about ensuring witness protection and maintaining law and order in the locality where the alleged offense took place.
The prosecution has been granted the liberty to seek cancellation of bail if Bhosle violates any of the stipulated conditions. The trial in the case is expected to proceed in due course.
Conclusion
With this ruling, Siddhesh Bhosle is set to be released on bail, marking a crucial development in the ongoing criminal proceedings. As the case moves toward trial, the focus will now shift to the prosecution’s ability to substantiate its charges and the defense’s counterarguments. The verdict will be closely watched, given the serious nature of the allegations and the broader implications for criminal justice in Mumbai.
