Mumbai, July 25, 2023 – Rohit Tanasuk Suwasiya has been granted bail by the Sessions Court for Greater Mumbai in an attempted murder case. Additional Sessions Judge A.A. Kulkarni (Court Room No. 22) issued the order on June 14, 2023.
Suwasiya was arrested in connection with C.R. No. 307 of 2023, registered at the R.C.F. Police Station, for offenses under Sections 307 (attempt to murder), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), 506(ii) (criminal intimidation), read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).
Background and Allegations:
The complainant alleged that on June 11, 2023, at approximately 1:30 a.m., co-accused Khwaja assaulted and stabbed the complainant with a knife and threatened a bystander. No specific allegations were made against Suwasiya regarding wielding a weapon or causing direct injury.
Arguments Presented:
- Applicant’s Argument:
- Suwasiya was arrested without specific allegations of causing injury.
- The injured person, Adarsh Bhingardive, was discharged from the hospital.
- No further seizures were required from Suwasiya.
- His further custody was unnecessary.
- Prosecution’s Argument:
- The investigation was ongoing.
- Suwasiya’s release could lead to tampering with prosecution evidence.
Court’s Reasoning and Decision:
Judge Kulkarni reviewed the FIR and the submissions. He observed that:
- The primary allegation of stabbing was against co-accused Khwaja.
- There were no specific allegations against Suwasiya of causing injury to the complainant.
- There was no need for further custodial interrogation or seizures from Suwasiya.
Therefore, the court concluded that Suwasiya’s further detention was unnecessary and granted bail.
Bail Conditions:
Suwasiya was granted bail upon furnishing a personal bond of Rs. 25,000 with one or more sureties of the same amount. The following conditions were imposed:
- Suwasiya must attend the R.C.F. Police Station as and when required by the Investigating Officer on notice.
- He must furnish 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 facts of the case.
- He must not leave India without prior court permission.
- Bail to be furnished before the learned court below.
Order Details:
The order was dictated on July 14, 2023, transcribed on July 14, 2023, and signed on July 25, 2023. The certified copy was uploaded on July 25, 2023, at 4:00 p.m.
This decision reflects the court’s consideration of the lack of specific allegations against Suwasiya, the discharge of the injured person from the hospital, and the imposition of conditions to ensure Suwasiya’s cooperation and prevent potential interference with the legal process.