Mumbai, January 25, 2022 – Sushant Suresh Mhatre has been granted bail by the Sessions Court for Greater Mumbai in an assault case involving a BEST (Brihanmumbai Electric Supply and Transport) bus driver. Additional Sessions Judge B.V. Wagh (Court Room No. 24) issued the order on January 25, 2022.

Mhatre was arrested in connection with C.R. No. 224/2020, registered at the R.A.K. Marg Police Station, for offenses under Sections 353 (assault or criminal force to deter public servant from discharge of his duty), 332 (voluntarily causing hurt to deter public servant from his duty),¹ 324 (voluntarily causing hurt by dangerous weapons or means), 323 (voluntarily causing hurt), and 504 (intentional insult with intent to provoke breach of the peace) of the² Indian Penal Code (IPC).

Background and Allegations:

The prosecution alleged that on August 10, 2020, Mhatre assaulted a BEST bus driver while he was on duty. Mhatre allegedly hit the driver on the head and near the left eye with an instrument, causing injuries. Initially, offenses under Sections 324, 323, and 504 of the IPC were registered, and Mhatre was granted bail on August 11, 2020. Later, in April 2021, at the informant’s insistence, Sections 353 and 332 of the IPC were added. When the charge sheet was presented before the Metropolitan Magistrate, Mhatre was taken into magisterial custody. Due to the addition of Sections 353 and 332, the case was committed to the Sessions Court, and Mhatre was ordered to be produced before the Sessions Court on January 29, 2022.

Arguments Presented:

• The applicant was initially granted bail for the offences under section 323, 324 and 504 of IPC.
• The addition of section 353 and 332 of IPC led to the committal of the case to sessions court.
• The investigation is completed.

Court’s Reasoning and Decision:

Judge Wagh considered the arguments and the case record. The court noted:

• Initially, offenses under Sections 323, 324, and 504 of the IPC were registered, and Mhatre was granted bail.
• Later, Sections 353 and 332 of the IPC were added.
• The addition of these sections led the Metropolitan Magistrate to take Mhatre into custody and commit the case to the Sessions Court.
• The court observed that since the case was committed to the Sessions Court, the investigation was presumably complete.
• Since the accused was already granted bail for the initial sections, and the new sections caused the committal, the court decided to grant bail.

Bail Conditions:

Mhatre was granted bail upon furnishing a personal bond of Rs. 15,000 and a surety of the same amount. The following conditions were imposed:

• The earlier provisional cash bail was continued for eight weeks.
• Mhatre must provide his residential address proof and contact numbers to the Investigating Officer.
• Mhatre must not directly or indirectly influence, threaten, or promise any person acquainted with the facts of the case.
• Mhatre must not leave India without prior permission of the court.

Order Details:

The order was dictated, transcribed, and signed on January 25, 2022. The certified copy was uploaded on the same day at 3:55 p.m.

This decision reflects the court’s consideration of the procedural irregularities in the case, the completion of the investigation, and the imposition of conditions to ensure Mhatre’s cooperation and prevent potential interference with the legal process.