Mumbai, Maharashtra – April 29, 2022 – Sahil Rajendra Patil has been granted bail in connection with an assault and robbery case at a petrol pump in Worli (C.R. No. 300/2022). The Additional Sessions Judge, R.J. Katariya, of the Sessions Court for Greater Bombay, approved Patil’s bail application (Bail Application No. 964 of 2022) citing his young age, the recovery of the stolen items, and the nature of the altercation.
Background of the Case:
Patil was arrested and charged under Sections 394 (voluntarily causing hurt in committing robbery), 395 (dacoity), 324 (voluntarily causing hurt by dangerous weapons or means), 506(II) (criminal intimidation), 504 (intentional insult with intent to provoke breach of the peace), 141 (unlawful assembly), 143 (punishment for unlawful assembly), 147 (rioting), 148 (rioting, armed with deadly weapon) read with 149 (every member of unlawful assembly guilty of offense committed in prosecution of common object) of the Indian Penal Code1 (IPC) and under Section 37(1)(a) of the Maharashtra Police Act.
Allegations and Arrest:
According to the complainant, Jugal Pratap Bhanushali, a quarrel broke out at his family’s petrol pump, Ravi Auto Service, on April 18, 2022. Two individuals who bypassed the queue for petrol began arguing with the staff. When Bhanushali intervened, he was allegedly assaulted with a helmet and fists. The assailants then called for reinforcements, and a group of 6-7 people arrived and joined the altercation. During the incident, Bhanushali’s Apple iWatch Series 544, worth Rs. 45,000, was allegedly snatched. Patil was among those arrested by the police.
Defense Arguments:
Mr. Ashish Bhandari, representing Patil, argued that his client was falsely implicated in the crime. He pointed out that the stolen mobile handset and helmet had already been recovered by the police. He emphasized Patil’s young age, lack of a criminal record, and willingness to abide by any bail conditions. He argued that continued detention would serve no purpose.
Prosecution’s Counter-Arguments:
Ms. Ashwini Rayakar, the Additional Public Prosecutor (APP), opposed the bail application, arguing that the investigation was in its initial stages and that Patil’s presence at the scene and participation in the crime posed a risk of witness tampering.
Court’s Observations and Decision:
Judge Katariya noted that the altercation began with a dispute over queue jumping at the petrol pump. He acknowledged the allegations of assault and robbery but also highlighted that the stolen mobile handset and helmet had been recovered. The court considered Patil’s young age, lack of criminal antecedents, and willingness to cooperate with the investigation.
“It is not the case of the prosecution that anything is to be recovered or discovered from the applicant. The applicant is ready to co-operate for the investigation and abide conditions. The applicant is of young age. No criminal antecedents are pointed against the applicant. Considering the matter, there would not be any prejudice to the prosecution if suitable conditions are imposed while granting bail to the applicant,” Judge Katariya stated in his order.
The court concluded that granting bail with suitable conditions would not prejudice the prosecution.
Bail Conditions:
The court granted bail to Patil, subject to the following conditions:
- He must furnish a Personal Recognizance (PR) bond of Rs. 15,000 with a surety of the same amount.
- He must not commit any other or similar offenses in the future.
- He must provide photocopies of his Aadhaar card and address proof to the investigating officer and notify them of any change of address.
- He must not abscond or flee from justice.
- He must not tamper with prosecution witnesses.
- He was granted provisional cash bail for six weeks.
- Bail must be furnished before the concerned Metropolitan Magistrate Court.
Significance of the Ruling:
This ruling highlights the court’s consideration of the accused’s age, the recovery of stolen items, and the nature of the altercation when deciding bail applications. The court’s decision underscores that in cases where the primary evidence has been recovered and the accused has no prior criminal record, bail can be granted with appropriate conditions to ensure cooperation and prevent witness tampering.
Key Factors in the Bail Grant:
- Young age of the accused.
- Recovery of the stolen mobile handset and helmet.
- Lack of criminal antecedents.
- Willingness to cooperate with the investigation.
- Conditions to ensure cooperation and prevent witness tampering.
Future Proceedings:
The trial will proceed in the Magistrate’s court. The prosecution will be required to prove the charges against Patil and the other accused beyond a reasonable doubt. The court will monitor Patil’s compliance with the bail conditions.