Mumbai, Maharashtra – May 20, 2022 – Muskan Kishor Mhatre, a 34-year-old housewife, has been granted bail in connection with a robbery and assault case registered at BKC Police Station (C.R. No. 40/2022). The Additional Sessions Judge, M.G. Deshpande, of the Sessions Court for Greater Bombay, approved Mhatre’s bail application (Bail Application No. 1169 of 2022) citing the progress of the investigation and the issue of overcrowded jails.

Background of the Case:

Mhatre was arrested and charged under Sections 394 (voluntarily causing hurt in committing robbery), 504 (intentional insult with intent to provoke breach of the¹ peace), 506 (criminal intimidation), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).² The prosecution opposed the bail application, citing Mhatre’s prior criminal record, potential flight risk, and the likelihood of witness intimidation.

Allegations and Arrest:

According to the complainant, Tabrej Siddiqui, Mhatre snatched his mobile phone while he was outside his shop in BKC. When Siddiqui tried to retrieve his phone, Mhatre allegedly bit him, tore his shirt, and hit him with a stone. She then entered his shop and threatened him. Mhatre was arrested on May 6, 2022, and underwent two days of police custody remand.

Defense Arguments:

Mr. Rajesh Shirke, representing Mhatre, argued for her release on bail.

Prosecution’s Counter-Arguments:

Mrs. Rashmi Tendulkar, the Additional Public Prosecutor (APP), opposed the bail application, citing Mhatre’s criminal antecedents, potential flight risk, and the likelihood of witness intimidation.

Court’s Observations and Decision:

Judge Deshpande noted that Mhatre had responded to custodial interrogation, indicating that the material part of the investigation pertaining to her was complete. He emphasized the issue of overcrowded jails in Mumbai and stated that keeping Mhatre in custody for an uncertain period was not justified.

“Say of Investigating Officer clearly indicates that investigation is over and formality of filing chargesheet is only remained. Hence, I hold that the applicant has made out strong prima­facie case,” Judge Deshpande stated in his order.

The court concluded that imposing certain conditions on Mhatre would safeguard the prosecution’s objections.

Bail Conditions:

The court granted bail to Mhatre, subject to the following conditions:

• She must execute a Personal Recognizance (PR) bond of Rs. 15,000 with a surety bond of the same amount.
• She must attend BKC Police Station once a week, every Friday, between 8:00 AM and 5:00 PM, for 60 days.
• She must not pressure or intimidate the complainant or prosecution witnesses, or tamper with evidence.
• She must not repeat the crime.
• She must not leave Mumbai without permission from the Metropolitan Magistrate.
• She is permitted to furnish provisional cash security of Rs. 15,000 for two months, along with the PR bond.
• The bail must be furnished before the Court of First Instance.

Significance of the Ruling:

This ruling highlights the court’s consideration of the progress of the investigation and the issue of overcrowded jails when deciding bail applications. The court’s decision underscores that when the material part of the investigation is complete and the accused has cooperated with the police, bail can be granted with appropriate conditions.

Key Factors in the Bail Grant:

• Completion of the material part of the investigation.
• Mhatre’s cooperation with custodial interrogation.
• The issue of overcrowded jails in Mumbai.
• Conditions to ensure Mhatre’s presence and prevent witness intimidation.

Future Proceedings:

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