Mumbai, January 24, 2022 – Deepak Chandrabhan Kedar has been granted bail by the Sessions Court for Greater Bombay in a case involving rioting and assault on a public servant. Additional Sessions Judge M.G. Deshpande (Court Room No. 16) issued the order on January 19, 2022.
Kedar was arrested in connection with C.R. No. 575/2021, registered at the Shivaji Park Police Station, for offenses under Sections 353 (assault or criminal force to deter public servant from discharge of his duty), 332 (voluntarily causing hurt to deter public servant from his duty),1 141 (unlawful assembly), 143 (punishment for unlawful assembly), and 149 (every member of unlawful assembly guilty of offense committed in prosecution of common object) of the Indian Penal2 Code (IPC).
Background and Allegations:
The complainant, Assistant Police Commissioner Vasant Narayan Pingle, reported that on December 6, 2021, while on duty for the 65th Mahaparinirvan Day of Dr. Babasaheb Ambedkar at Shivaji Park, a mob led by Kedar disrupted the event. Kedar allegedly incited the crowd, assaulted the complainant, and led a riot towards the Torana Gate.
Arguments Presented:
Advocate Mahendra Bhingardive, representing Kedar, argued that the investigation was complete, the charge sheet was filed, and co-accused had been granted bail, requesting parity for his client.
Additional Public Prosecutor (APP) Rashmi Tendulkar, representing the State, opposed the bail, citing Kedar’s 13 prior offenses across multiple districts and the fact that some co-accused were still absconding.
Court’s Reasoning and Decision:
Judge Deshpande noted that the investigation was complete and the charge sheet was filed. While acknowledging Kedar’s criminal history, the court pointed out that there was no evidence of any convictions.
The court emphasized that further detention was unnecessary as there was nothing to be recovered from Kedar. The court also addressed the prosecution’s concern about absconding co-accused and potential law and order issues by stating that these could be mitigated with stringent bail conditions.
The court highlighted that the offense under Section 353 of the IPC carries a maximum punishment of five years and that indefinite detention was not justified.
Bail Conditions:
Kedar was granted bail upon executing a personal bond and surety bond of Rs. 15,000 each. The following conditions were imposed:
- Kedar must not abscond and must attend all court hearings.
- He must not pressurize or threaten the complainant or prosecution witnesses.
- He must not leave Mumbai without prior court permission.
- Provisional cash security of Rs. 15,000 was allowed for four weeks, during which he must furnish surety.
- Bail to be furnished before the court of first instance.
Order Details:
The order was dictated, transcribed, and signed on January 19, 2022, and uploaded on January 24, 2022.
This decision reflects the court’s consideration of the completed investigation, the principle of parity, and the imposition of conditions to ensure Kedar’s compliance with the legal process.