Mumbai, April 4, 2024 – Manish Raghunath Kondhalkar, a 26-year-old, has been granted bail by the Sessions Court in Mumbai in connection with an alleged assault case. Kondhalkar was arrested in connection with Crime No. 369/2023, registered at Chunabhatti Police Station, for offenses under Sections 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 324 (voluntarily causing hurt by dangerous weapons or means), 141 (unlawful assembly), 143 (punishment for being member of an unlawful assembly), 148 (rioting, armed with deadly weapon), 149 (every member of unlawful assembly guilty of offense committed in prosecution of common object) of the Indian Penal Code, and Sections 31(1)(A) and 135 of the Maharashtra Police Act.

The Allegations

According to the First Information Report (FIR), Kondhalkar allegedly assaulted the complainant with a sharp weapon with the intention to kill, causing injuries to the complainant’s head and other body parts.

Kondhalkar’s Defense and Arguments

Mr. Manoj Gowd, representing Kondhalkar, argued that his client was falsely implicated due to a prior dispute. He stated that the police had not issued a notice under Section 41 of the Criminal Procedure Code (CrPC) and that other accused had assaulted the complainant. He also argued that no prima facie case was made out against Kondhalkar and that nothing was recovered at his instance during the investigation. The charge sheet had already been filed against the other accused.

Prosecution’s Objections

Mr. J.N. Suryawanshi, the Additional Public Prosecutor (APP), and the Investigating Officer opposed the bail application, arguing that the weapon used in the crime had not yet been seized. They expressed concerns that Kondhalkar might tamper with evidence if released.

Court’s Observations and Decision

Additional Sessions Judge Shri A.A. Kulkarni considered the submissions from both sides and the documents on record. The court noted that the complainant had specifically alleged that Kondhalkar assaulted him with a sharp weapon with the intent to kill, causing injuries. However, the court also observed that the charge sheet had already been filed against the other accused and that Kondhalkar had been in custody for a sufficient period for the investigation.

“Now investigation is completed and charge-sheet is filed against before Ld. Metropolitan Magistrate. During investigation statements of witnesses are recorded similarly weapon and other articles are seized and collected. Other accused are released on bail by this court. In such circumstances further detention of applicant is not required,” Judge Kulkarni stated in the order.

The court decided to grant bail subject to certain conditions to protect the interests of the prosecution.

Bail Conditions

Kondhalkar was granted bail on a personal bond of Rs. 25,000 and one or more sureties of the same amount. The court imposed the following conditions:

• Kondhalkar must attend Chunabhatti Police Station, Mumbai, as and when required by the Investigating Officer upon receiving notice.
• He must provide 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 case.
• He must not leave India without prior permission from the court.
• The bail process will be completed before the lower court.
• A provisional cash bail was allowed for eight weeks.

Key Points

• Charge Sheet Filed: The fact that the charge sheet had been filed was a significant factor in the court’s decision.
• Other Accused Granted Bail: The court noted that other accused had been granted bail, which influenced its decision.
• Investigation Completed: The court observed that the investigation was complete, making further detention unnecessary.
• Conditions Imposed: The court imposed conditions to ensure Kondhalkar’s cooperation and prevent tampering with evidence.