Mumbai, January 8, 2024 – The Additional Sessions Judge Dr. A.A. Joglekar (Court Room No. 37) granted bail to Sudhakar Shankar Suradkar, a retired police officer and senior citizen, in connection with a 2009 criminal breach of trust case registered at Matunga Police Station (C.R. No. 384/2009). The court cited the applicant’s age, health, and the circumstances of his detention as reasons for granting bail.
Background of the Case:
Sudhakar Shankar Suradkar was an accused in a case registered in 2009 under Sections 403 (dishonest misappropriation of property), 406 (criminal breach of trust), 120-B (criminal conspiracy), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code1 (IPC). He was taken into custody after the trial court rejected his exemption application and issued a non-bailable warrant (NBW) on January 6, 2024, despite his subsequent appearance in court on the same day.
Arguments Presented:
Advocate Archishmati Chandramore, representing Suradkar, argued that her client was a senior citizen and retired police officer in poor health. She stated that he had abided by the trial court’s directions and had no intention to breach them. She emphasized that Suradkar had appeared in court on the same day the NBW was issued.
Additional Public Prosecutor (APP) Abhijeet Gondwal, representing the State, did not oppose the bail application. He stated that considering Suradkar’s age and medical ailments, he could be released on stringent conditions.
Court’s Reasoning and Decision:
Judge Joglekar, after reviewing the case record, noted that Suradkar was detained due to his absence before the trial court. He considered Suradkar’s age, status as a retired police officer, and health condition.
“Considering the same, I do not find further incarceration of the applicant/accused being required,” Judge Joglekar stated in his order. “In the backdrop of the aforesaid facts, I hold that, the application deserves consideration.”
Consequently, the court granted bail to Sudhakar Shankar Suradkar, ordering his release upon furnishing a Personal Recognizance (PR) bond of Rs. 30,000 with one or two sureties of the same amount.
The court imposed several conditions, including that Suradkar and his sureties must provide their residential addresses, mobile numbers, and email addresses, that he must not influence witnesses, that he must not tamper with evidence, that he must report to Matunga Police Station every Tuesday and Friday, that he must surrender his passport, and that he must not leave India without permission.
Implications and Significance:
This ruling highlights the court’s consideration of the accused’s age, health, and the circumstances of their detention in bail matters. The decision underscores that in cases where the accused is a senior citizen in poor health and their detention is primarily due to a procedural lapse, bail can be granted with appropriate conditions.
The court’s decision also reflects a balanced approach, ensuring that the accused’s rights are protected while also imposing conditions to address the prosecution’s concerns about potential witness tampering and flight risk.
The order was dated January 8, 2024, and uploaded on the same day at 5:17 p.m.