Mumbai, May 25, 2022 – The Additional Sessions Judge G.B. Gurao granted bail to Prathamesh Prakash Gole, a 27-year-old laborer, in a robbery case registered at R.C.F. Police Station. The court cited the minor nature of some offenses, the progressed stage of the investigation, and the accused’s willingness to abide by court conditions as reasons for granting bail.
Gole was arrested in connection with Crime No. 144/2022, registered under Sections 392 (robbery), 341 (wrongful restraint), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), and 506(2)1 (criminal intimidation) of the Indian Penal Code2 (IPC), read with Sections 37(1), 135, and 142 of the Maharashtra Police Act, 1951.
According to the FIR, Gole allegedly threatened the complainant and snatched Rs. 2,400 from his pocket.
Gole, through his advocate Rajesh Shirke, sought bail under Section 439 of the Criminal Procedure Code (CrPC), arguing that he was innocent and falsely implicated. He emphasized that the offenses were triable by a Magistrate’s Court and that he had been in jail since March 18, 2022. Gole also stated that he was the sole breadwinner for his family and was willing to abide by any conditions imposed by the court.
The prosecution, represented by Additional Public Prosecutor (APP) Ramesh Siroya, opposed the bail, citing the seriousness of the offense and Gole’s alleged habitual offender status. They argued that if released, Gole would likely commit similar offenses.
Judge Gurao, after reviewing the FIR, noted that Gole had been arrested on March 18, 2022, and that a significant portion of the investigation appeared to be complete. The court also considered Gole’s undertaking to abide by any conditions imposed.
“I have perused the FIR. It is alleged that accused threatened to the complainant and snatched Rs.2400/- from his pocket. Accused is arrested on 18/3/2022. It appears that major part of the investigation is completed. Accused undertakes to abide by the conditions imposed by the Court. Therefore, considering the facts and circumstances of the case, I find that accused is entitled for bail,” Judge Gurao stated in his order.
Consequently, the court granted Gole bail, ordering him to execute a personal bond of Rs. 15,000 with one or more sureties of the same amount. The court also imposed the condition that Gole attend all court hearings regularly unless exempted.
“Applicant/accused namely Prathamesh Prakash Gole in C.R.No.144 of 2022 registered with R.C.F. police station for the offence punishable under Sections 392,341,323,504,506(2) of IPC rlw section 37(1) 135, 142 of Maharashtra Police Act,1951, he shall be released on his executing PR Bond of Rs.15,000/- (Fifteen Thousand only) with one or more sureties of the like amount on the conditions that: a) He shall attend the dates of hearing regularly unless exempted by the court,” Judge Gurao ordered.
The court also allowed provisional cash bail of Rs. 15,000 for four weeks.
The order was dictated on May 20 and 24, 2022, transcribed on May 24, 2022, signed on May 25, 2022, and uploaded on the same day, as certified by stenographer Mrs. S.S. Sawant.
This ruling highlights the judiciary’s approach in considering the progress of investigations and the nature of offenses when deciding bail applications. It also underscores the court’s role in balancing the rights of the accused with the imperatives of law enforcement.