Mumbai, January 8, 2024 – In a significant ruling, the Sessions Court of Greater Mumbai has granted bail to retired police officer Sudhakar Shankar Suradkar (65), who was detained in connection with a financial fraud case dating back to 2009.

Suradkar was arrested after the trial court issued a non-bailable warrant (NBW) against him for failing to appear for hearings in C.R. No. 384/2009, registered at Matunga Police Station under Sections 403 (criminal misappropriation of property), 406 (criminal breach of trust), 120-B (criminal conspiracy), and 34 (common intention) of the Indian Penal Code (IPC).

Case Background

The case against Sudhakar Suradkar stems from financial misappropriation allegations involving multiple accused. The police claim that Suradkar, along with his co-accused, was involved in a criminal conspiracy to misappropriate funds entrusted to them.

The case, registered at Matunga Police Station in 2009, has been pending trial for over 14 years. During the proceedings, Suradkar failed to appear before the trial court, prompting the judge to reject his exemption plea and issue a non-bailable warrant (NBW) on January 6, 2024. Despite this, he later presented himself in court the same day, yet was remanded to judicial custody.

Following his detention, Suradkar approached the Sessions Court seeking bail, citing his old age, deteriorating health, and compliance with court directives.

Defense Argument: Senior Citizen and No Risk of Absconding

Representing Suradkar, Advocate Archishmati Chandramore (on behalf of Advocate Ashwin Thool) contended that:

• Suradkar is a senior citizen and retired police officer with no history of absconding.
• He had appeared before the trial court voluntarily, but was still placed in custody.
• His medical condition requires regular checkups and care, which would be difficult in jail.
• He has cooperated with the investigation and trial process, with no attempts to tamper with evidence or influence witnesses.
• Given the nature of the charges and the prolonged trial, there was no justification for continued incarceration.

The defense urged the court to grant bail on humanitarian grounds, arguing that keeping a senior citizen in judicial custody over procedural issues would be unfair.

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Prosecution’s Stance: Bail with Stringent Conditions

The State of Maharashtra, represented by Additional Public Prosecutor (APP) Abhijeet Gondwal, did not strongly oppose bail but recommended strict conditions to ensure Suradkar’s compliance with the trial process.

The prosecution acknowledged Suradkar’s age and medical concerns but emphasized the need for his regular presence in court and investigative cooperation.

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Court’s Ruling: Bail Granted with Strict Monitoring

Presiding over the matter, Additional Sessions Judge Dr. A. A. Joglekar (C.R. No. 37) noted that:

1. Suradkar had appeared before the trial court after the NBW issuance, demonstrating his willingness to comply with proceedings.
2. His age (65 years) and medical conditions warranted consideration for bail.
3. Prosecution itself suggested conditional bail, recognizing that detention was not essential at this stage.

Given these observations, the court granted bail but imposed strict conditions to prevent any future procedural lapses.

Bail Conditions Imposed by the Court

1. Suradkar must furnish a Personal Recognizance (P.R.) bond of ₹30,000, along with one or two sureties of the same amount.
2. He must provide his residential address, mobile number, and email ID to the court and inform authorities of any changes.
3. He is prohibited from tampering with prosecution evidence or influencing witnesses in any manner.
4. He must report to Matunga Police Station every Tuesday and Friday between 11:00 a.m. and 4:00 p.m. until further notice.
5. He must surrender his passport, or if he does not possess one, he must submit an affidavit stating the same.
6. He cannot leave India without prior permission from the court.
7. Any violation of these conditions will result in immediate cancellation of bail.

What’s Next?With bail secured, Suradkar remains free while the trial continues. However, his legal troubles are far from over, as the original charges of financial misappropriation remain under judicial scrutiny.

If he violates any bail conditions, his freedom could be revoked immediately. The court has made it clear that continued compliance is mandatory, and failing to appear in future proceedings could lead to stricter actions.

This case underscores the importance of judicial oversight in long-standing cases and highlights the procedural complexities of securing bail for senior citizens in financial fraud cases.