Mumbai, May 2, 2024 – Prashant Premraj Kasabe, a landlord accused of assaulting his tenant, has been granted bail by the Sessions Court in Mumbai. Kasabe was arrested in connection with Crime No. 78/2024, registered at Pantnagar Police Station, for offenses under Sections 307 (attempt to murder), 323 (voluntarily causing hurt), and 504 (intentional insult with intent to provoke breach of the peace) of the Indian1 Penal Code (IPC), along with2 relevant sections of the Maharashtra Police Act.
The Allegations
According to the complainant, Balram Jagdish Nishad, Kasabe, the owner of Room No. 9 where Nishad resides as a tenant, asked for rent and electricity charges on February 5, 2024. A dispute arose, during which Kasabe allegedly attacked Nishad with a knife, causing injuries to his right cheek and abdomen. Nishad was hospitalized.
Kasabe’s Defense and Arguments
Mr. Ajit Pitale and Ms. Supriya Kadam, representing Kasabe, argued that their client was falsely implicated. They stated that Kasabe did not assault Nishad and that the complainant fabricated the story. They emphasized that the investigation was complete, and the charge sheet was submitted on April 12, 2024.
Prosecution’s Objections
Ms. Veena Shelar, the Special Public Prosecutor (SPP), strongly opposed the bail application. Mr. Harekrishna Mishra, representing the complainant, also objected.
Court’s Observations and Decision
Additional Sessions Judge S.M. Tapkire considered the submissions and the documents on record. The court noted that the dispute arose from a landlord-tenant issue regarding rent and electricity charges. The injury certificate confirmed that Nishad sustained two grievous injuries and was hospitalized for two days. The alleged weapon was recovered at Kasabe’s instance.
“Though, prima-facie inclined the informant has caused grievous in natures injuries. However, in view of involved witnesses record material availed in impugned matter certainly inevitable time would take to commence the evidence and conclude the trial. Thereby, I felt would not appropriate to detain him in custodial interrogation for indefinite period,” Judge Tapkire stated in the order.
The court, considering that the investigation was complete and the charge sheet was filed, concluded that it would be inappropriate to detain Kasabe indefinitely. The court also considered the nature of the injuries and the seriousness of the allegations, deciding to grant bail with stringent conditions.
Bail Conditions
Kasabe was granted bail on a personal bond of Rs. 1,00,000 with one or two sureties of the same amount. The court imposed the following conditions:
- Kasabe shall not tamper with prosecution witnesses or evidence.
- He shall report to Pantnagar Police Station on the first day of every month between 11:00 a.m. and 5:00 p.m. until the conclusion of the trial.
- He shall attend all trial dates without fail.
- He shall not engage in any criminal activity.
- He shall not leave India without prior permission from the trial court.
- He shall provide his residential address proof and contact numbers to the police.
- He shall comply with surety requirements before the trial court.
- The trial court and Pantnagar Police Station shall be informed of the bail order.
Key Points
- Landlord-Tenant Dispute: The case arose from a dispute between a landlord and his tenant.
- Grievous Injuries: The complainant sustained grievous injuries in the alleged assault.
- Completed Investigation: The court noted that the investigation was complete, and the charge sheet was filed.
- Monthly Police Reporting: Kasabe was ordered to report monthly to the police station.
- Stringent Conditions: The court imposed stringent conditions to ensure Kasabe’s presence and prevent tampering with evidence.
- Weapon Recovery: The alleged weapon was recovered at the instance of the accused.
- Attempt to Murder: The accused was charged with attempt to murder.