Mumbai, February 14, 2024 – Sudhir Anand Khandagale @ Dadya, a student, has been granted bail by the Sessions Court for Greater Mumbai in an attempted murder case. Additional Sessions Judge A.S. Salgar (Court Room No. 24) issued the order on February 9, 2024.
Khandagale was arrested in connection with C.R. No. 684/2023, registered at the R.C.F. Police Station, for offenses under Sections 307 (attempt to murder), 341 (wrongful restraint), and 109 (abetment) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC), and Sections 37(1)(A), 135, and 142 of the Maharashtra Police Act.
Background and Allegations:
On November 20, 2023, the complainant, Aakash Babasaheb Londhe, reported that he was chased and stopped by several individuals, including Khandagale. The complainant alleged that Ganesh Khandagale assaulted him with a sharp-edged weapon, attempting to kill him, while Sudhir Khandagale and Rahul Katalkar assaulted him with fist blows.
Arguments Presented:
Advocate Atar L.H., representing Khandagale, argued that his client was falsely implicated and had not committed any crime. He emphasized that Khandagale was a student, had been in custody since November 24, 2023, that the investigation was completed, and that he was willing to cooperate and furnish a local surety.
Additional Public Prosecutor (APP) O.S. Maraskolhe opposed the bail, arguing that Khandagale would commit illegal acts and create law and order problems if released. He also claimed that Khandagale had not cooperated with the investigation.
Court’s Reasoning and Decision:
Judge Salgar noted that Khandagale’s name was mentioned in the FIR. However, the primary allegation of attempted murder with a sharp-edged weapon was against Ganesh Khandagale. Sudhir Khandagale’s role was limited to assaulting the complainant with fist blows.
The court observed that the investigation was complete, the charge sheet had been filed, and the injured complainant had been discharged from the hospital. The complainant’s statement had been recorded under Section 164 of the Criminal Procedure Code, eliminating the risk of witness tampering.
The court emphasized that no weapon was recovered from Khandagale, and the primary allegation of attempted murder was against Ganesh Khandagale. Considering Khandagale’s limited role and willingness to abide by court conditions, the court decided to grant bail.
Bail Conditions:
Khandagale 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:
- Khandagale must attend court on every date.
- He must not enter the vicinity where the complainant resides.
- He and his sureties must provide their residential addresses, mobile numbers, and email addresses to the court and notify any changes.
- He must not influence or threaten witnesses or tamper with evidence.
- He must not leave India without prior permission from the Sessions Court.
- Breach of any condition will result in the cancellation of his bail.
- Bail to be furnished before the trial court.
Order Details:
The order was dictated and transcribed on February 9, 2024, and signed on February 13, 2024. The certified copy was uploaded on February 14, 2024, at 5:05 p.m.
This decision reflects the court’s consideration of Khandagale’s limited role in the alleged offense, the completion of the investigation, and the imposition of conditions to ensure his compliance with the legal process.