Mumbai, March 14, 2024 – Sushil Hamir Sutar has been granted bail by the Sessions Court for Greater Mumbai in a dacoity case. Additional Sessions Judge N.P. Tribhuwan (Court Room No. 23) issued the order on March 14, 2024.

Sutar was arrested in connection with C.R. No. 120/2024, registered at the V.P. Road Police Station, for offenses under Sections 448 (house-trespass), 395 (dacoity), and 323 (voluntarily causing hurt) of the Indian Penal Code (IPC).

Background and Allegations:

The complainant, Dipesh Motilal Shah, reported that on February 22, 2024, at around 9:15 p.m., five unknown individuals entered his residence. They demanded money, assaulted him and his mother, and stole her mobile phone. Sutar and another person were apprehended at the scene, while three others escaped.

Arguments Presented:

• Applicant’s Argument (Sutar):
  • He is getting married on March 17, 2024, and requested bail on humanitarian grounds.
  • The wedding card was submitted as evidence.
  • The investigation is largely complete, and he has been thoroughly interrogated.
  • No further recoveries are pending.
• Prosecution’s Argument:
  • Sutar was caught at the scene of the dacoity.
  • CCTV footage and eyewitness accounts exist.
  • His release could lead to him absconding, and one co-accused is still at large.

Court’s Reasoning and Decision:

Judge Tribhuwan considered the arguments and the evidence. The court noted:

• Sutar was arrested on February 23, 2024, and has been in custody since March 1, 2024.
• He played an active role in the crime.
• He has no prior criminal record.
• Further custody was deemed unnecessary.
• The offense under Section 395 of the IPC is punishable with up to 10 years imprisonment.
• The extent of the injuries sustained by the complainant and his mother was not clearly defined by the prosecution.
• No weapons were used during the commission of the offence.
• Considering the wedding date, the lack of prior criminal record, and the completion of the investigation the court granted bail.

Bail Conditions:

Sutar 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:

• Sutar must not tamper with prosecution witnesses.
• He must cooperate with the investigation and be available for interrogation.
• He must report to the concerned police station every alternate Thursday between 10:00 a.m. and 1:00 p.m. for three months or until the charge sheet is filed.
• He must not misuse his liberty.
• He must provide his detailed address and mobile number to the investigating officer and the court.
• He must inform the investigating officer and the court of any change in his address or mobile number.
• Bail to be furnished before the trial court.

Order Details:

The order was dictated, checked, and signed on March 14, 2024. The certified copy was uploaded on the same day at 5:15 p.m.

This decision reflects the court’s consideration of Sutar’s wedding, the completion of the investigation, the lack of prior criminal record, and the imposition of conditions to ensure his cooperation and prevent potential interference with the legal process.