Mumbai, Maharashtra – April 29, 2022 – Omkar Anil Patil, Rishabh Vijay Kariyaram, Yogesh Chandrakant More, and Gaurav Pradip Patankar have been granted bail in connection with an assault and robbery case at a petrol pump in Worli. The Additional Sessions Judge, R.J. Katariya, of the Sessions Court for Greater Bombay, approved their bail application (Bail Application No. 971 of 2022) citing the minor nature of the initial altercation and the recovery of the stolen items.

Background of the Case:

The four applicants were 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 being member of an unlawful assembly), 147 (punishment for rioting), and 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), as well as 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 on April 18, 2022, when two individuals bypassed the queue. When Bhanushali intervened, he was allegedly assaulted. The two individuals then called for reinforcements, and a group of 6-7 people arrived and further assaulted Bhanushali and his staff. During the altercation, Bhanushali’s Apple iWatch Series 544, valued at Rs. 45,000, was allegedly snatched. The police subsequently arrested the applicants and co-accused.

Defense Arguments:

Mr. Sujit Jagtap, representing the applicants, argued that his clients were falsely implicated. He highlighted that the stolen mobile handset and a helmet had been recovered by the police. He emphasized that the applicants were of young age, had no criminal antecedents, and that the quarrel arose from a minor reason. He argued that further detention would serve no purpose and requested the court to grant bail.

Prosecution’s Counter-Arguments:

Ms. Ashwini Rayakar, the Additional Public Prosecutor (APP), opposed the bail application, arguing that the investigation was at an initial stage and that the applicants were present at the scene and participated in the crime. She also expressed concerns about the possibility of the applicants tampering with prosecution witnesses.

Court’s Observations and Decision:

Judge Katariya noted that the initial quarrel arose from a dispute over queue jumping at the petrol pump. He highlighted that the stolen mobile handset and a helmet had been recovered by the police. He also observed that the applicants were of young age and had no criminal antecedents.

“It is not the case of the prosecution that anything is to be recovered or discovered from the applicants. The applicants are ready to co­operate for the investigation and abide conditions,” 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 the applicants, subject to the following conditions:

• They must furnish a Personal Recognizance (PR) bond of Rs. 15,000 each with a surety of the same amount.
• They must not commit any other or similar offenses in the future.
• They must provide photocopies of their Aadhaar cards and documents of their permanent and present residential addresses to the Investigating Officer (IO) and inform him of any change of address.
• They must not abscond or flee from justice.
• They must not tamper with prosecution witnesses.
• Provisional cash bail is allowed 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 minor nature of the initial altercation, the recovery of the stolen items, and the young age and lack of criminal antecedents of the applicants when deciding bail applications. The court’s decision underscores that bail can be granted with appropriate conditions when the investigation is progressing and the accused are willing to cooperate.

Key Factors in the Bail Grant:

• The minor nature of the initial altercation.
• Recovery of the stolen items.
• Young age and lack of criminal antecedents of the applicants.
• Applicants’ willingness to cooperate with the investigation.

Future Proceedings:

The investigation in the case will continue, and the prosecution will be required to prove the charges against the applicants beyond a reasonable doubt in the trial court. The court will monitor the applicants’ compliance with the bail conditions.