Mumbai, July 29, 2022 – In a ruling that considered the completion of the investigation and the nature of the injuries, the Additional Sessions Judge Shri. S.D. Kulkarni (Court Room No. 30) granted bail to Sani Rajendra Pawar @ Monya in connection with an assault case registered at Dadar Police Station (C.R. No. 449/2022). The court imposed conditions to ensure the accused’s cooperation and prevent any interference with the investigation or witnesses.
Background of the Case:
Sani Rajendra Pawar @ Monya, a 32-year-old resident of Prabhadevi, was arrested on July 2, 2022, and subsequently placed in judicial custody on July 4, 2022, for allegedly assaulting individuals. The case was registered under Sections 326 (voluntarily causing grievous hurt by dangerous weapons or means), 324 (voluntarily causing hurt by dangerous weapons or means)1 read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian2 Penal Code (IPC).
Arguments Presented:
Advocate R.F. Jaiswar, representing Pawar, argued that his client had been in custody since July 2, 2022, and that the investigation was almost complete. He emphasized that nothing was to be recovered from Pawar and that a cross-case had been filed against him. He requested the court to grant bail.
Additional Public Prosecutor (APP) Lade, representing the State, submitted that the weapon used in the offense had been seized from the crime scene and that the statements of witnesses had been recorded.
Court’s Reasoning and Decision:
Judge Kulkarni, after reviewing the application and the reply filed by the prosecution, noted that the weapon used in the offense had been seized and the statements of witnesses had been recorded. He also noted that during the hearing, both parties admitted that no one was admitted to the hospital, and all injured individuals had been discharged.
“Therefore, in my opinion custodial interrogation of the accused is not necessary,” Judge Kulkarni stated in his order. “It is not fruitful to keep the accused behind the bar for indefinite period therefore, accused is entitled to release on the bail.”
Consequently, the court granted bail to Sani Rajendra Pawar @ Monya, ordering his release upon furnishing a Personal Recognizance (PR) bond and a Surety bond of Rs. 25,000 with one or two sureties.
The court imposed several conditions, including that Pawar must not tamper with prosecution witnesses or evidence, must attend the concerned police station every Sunday between 7:00 p.m. and 9:00 p.m. until further orders, must furnish surety within four weeks of release (with a provisional cash bail allowed in the meantime), must not leave India without prior permission, and must present the bail before the learned Trial Court.
Implications and Significance:
This ruling highlights the court’s consideration of the progress of the investigation and the severity of the injuries in bail matters. The decision underscores that when the investigation is substantially complete and the injuries sustained are not severe enough to warrant prolonged detention, bail can be granted with appropriate conditions.
The imposition of specific conditions, such as regular police station attendance and refraining from influencing witnesses, reflects the court’s effort to balance the rights of the accused with the need to ensure the integrity of the investigation and protect potential victims.
The order was dictated on July 27, 2022, transcribed on July 28, 2022, signed on July 29, 2022, and uploaded on the same day at 3:00 p.m.