Mumbai, Maharashtra – May 25, 2022 – Sameer Gole has been granted bail in connection with an assault and attempt to murder case registered at Govandi Police Station (C.R. No. 24/2022). The Additional Judge, Shri G.B. Gurao, of the Sessions Court for Greater Bombay, approved Gole’s bail application (Criminal Bail Application No. 1140 of 2022) citing the filing of the chargesheet and the fact that a co-accused had already been granted bail.
Background of the Case:
Gole was arrested and charged under Sections 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 504 (intentional insult with intent to provoke1 breach of the peace), 143 (unlawful assembly), 144 (joining unlawful assembly armed with deadly weapon), 147 (rioting), and 148 (rioting, armed with deadly weapon)2 of the Indian Penal Code (IPC) read with Sections 4 and 25 of the Arms Act and Sections 37(1)(A) and 135 of the Maharashtra Police Act, 1951.
Defense Arguments:
Mr. Shrijeet Raorane, representing Gole, argued that his client was innocent and not present at the time of the incident. He emphasized that the investigation was complete, the chargesheet had been filed before the Metropolitan Magistrate, and Gole was ready to abide by any conditions imposed by the court.
Prosecution’s Counter-Arguments:
Mr. Ramesh Siroya, the Additional Public Prosecutor (APP), opposed the bail application, arguing that the offense was serious and that Gole might abscond if released on bail.
Court’s Observations and Decision:
Judge Gurao noted that the chargesheet had been filed, the investigation was complete, and Gole had been in jail for a considerable time. He also observed that Gole’s antecedents were clear and that he was ready to abide by the conditions imposed by the court. Importantly, the court noted that a co-accused had already been granted bail.
“Investigation is completed and chargesheet is filed before the learned Metropolitan Magistrate, Mumbai. Accused was not present at the time of incident. He is not concerned with the alleged crime. Accused is ready to abide by the conditions, if any imposed by the Court… Coaccused is released on bail. Therefore, accused is entitled for bail,” Judge Gurao stated in his order.
The court concluded that Gole was entitled to bail.
Bail Conditions:
The court granted bail to Gole, subject to the following conditions:
- He must execute a Personal Recognizance (PR) bond of Rs. 25,000 with one or more sureties of the same amount.
- He must attend the court hearings regularly unless exempted by the court.
- He was permitted to furnish provisional cash bail of Rs. 25,000 for four weeks.
- Bail must be furnished before the Learned Magistrate.
Significance of the Ruling:
This ruling highlights the court’s consideration of the filing of the chargesheet, the completion of the investigation, and the parity with co-accused when deciding bail applications. The court’s decision underscores that in cases where the investigation is complete, the chargesheet has been filed, and a co-accused has been granted bail, bail can be granted with appropriate conditions to ensure the accused’s presence and prevent witness tampering.
Key Factors in the Bail Grant:
- Filing of the chargesheet.
- Completion of the investigation.
- Grant of bail to a co-accused.
- Clear antecedents.
- Willingness to abide by court conditions.
Future Proceedings:
The trial will proceed in the Magistrate’s court. The prosecution will be required to prove the charges against Gole and the other accused beyond a reasonable doubt. The court will monitor Gole’s compliance with the bail conditions.