Mumbai, July 2, 2022 – Jethmal Panchananmal Chandan, a 35-year-old man, has been granted bail by the Sessions Court in Mumbai in connection with a case registered under Section 353 of the Indian Penal Code (IPC), which pertains to assault or use of criminal force to deter a public servant from discharge of his duty.

The Case Background

Chandan was arrested by the V.P. Road Police Station in connection with Crime No. 06 of 2022. The incident leading to the registration of the case occurred on January 8, 2022, and the First Information Report (FIR) was lodged on the same day.

Defense Arguments

Mr. R.V. Gupta, the advocate representing Chandan, argued that his client had been falsely implicated in the case. He pointed out that the police had already filed a charge sheet, and there were no recoveries or discoveries made at Chandan’s instance. Therefore, his custodial interrogation was deemed unnecessary. Gupta also stated that the police had not issued any notice or summons to Chandan during the investigation but directly filed a charge sheet in the Additional Chief Metropolitan Magistrate 4th Court, Girgaum. Chandan’s initial bail application was rejected, prompting him to file the present application.

Prosecution’s Objections

Mr. Abhijeet Gondwal, the Additional Public Prosecutor (APP) representing the state, opposed the bail application. He argued that the offense was serious and that if released, Chandan might threaten prosecution witnesses and the complainant.

Court’s Observations and Decision

Shri. S.D. Kulkarni, Additional Sessions Judge, presiding over the case, reviewed the application and the prosecution’s reply. He noted that the incident had occurred on January 8, 2022, and the FIR was filed on the same day. The police had completed the investigation without issuing any notice to Chandan. Chandan was present on the day the charge sheet was filed.

The court observed that the investigation was complete, and there was nothing to be recovered from Chandan’s possession. Therefore, custodial interrogation was deemed unnecessary.

“So in my opinion investigation is over and nothing is to be recorded from the possession of accused. Custodial interrogation of accused is not necessary, therefore accused is entitled to release on bail,” Judge Kulkarni stated in the order.

Bail Conditions

Chandan was granted bail on a personal bond (P.B.) and surety bond (S.B.) of Rs. 50,000 with one or two sureties. The court imposed the following conditions:

• Chandan must assist the investigating officer.
• He must not tamper with prosecution witnesses or evidence.
• He must not leave India without the court’s permission.
• A provisional cash bail of the same amount was allowed, with Chandan required to furnish sureties within four weeks of his release, failing which the cash bail would be forfeited.
• The bail process will be completed before the committing court.

The court’s decision reflects a consideration of the completion of the investigation and the lack of necessity for further custodial interrogation. The conditions imposed aim to ensure Chandan’s cooperation with the judicial process while respecting his right to liberty.