Mumbai, January 8, 2024 – In a significant development, the Additional Sessions Court in Mumbai granted bail to Sudhakar Shankar Suradkar, a senior citizen and retired police officer, in connection with a 2009 criminal case registered at Matunga Police Station. Suradkar was arrested following the issuance of a non-bailable warrant (NBW) by the trial court due to his absence during the proceedings.
Case Background
The case, registered under C.R. No. 384/2009, involves allegations against Suradkar 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 a common intention) of the Indian Penal Code (IPC). The exact nature of the allegations remains undisclosed, but the case has been pending trial for several years.
Court Proceedings
On January 6, 2024, the trial court denied an exemption application filed by Suradkar’s legal counsel, citing his failure to appear in court. Consequently, a non-bailable warrant was issued, leading to his arrest and subsequent detention at Arthur Road Prison. However, the defense highlighted that despite his medical condition and advanced age, Suradkar voluntarily appeared before the trial court on the same day after the NBW was issued.
Defense Plea and Prosecution’s Response
Advocate Archishmati Chandramore, representing Suradkar on behalf of Advocate Ashwin Thool, argued that the applicant had no intention of defying court directions and had made sincere efforts to comply with legal proceedings. The defense emphasized that Suradkar, being a retired police officer and an elderly individual suffering from medical ailments, should not be subjected to prolonged incarceration.
The prosecution, represented by APP Abhijeet Gondwal, did not strongly oppose the bail plea but urged the court to impose stringent conditions to ensure compliance with judicial proceedings.
Court’s Observations and Decision
Presiding over the case, Additional Sessions Judge Dr. A. A. Joglekar noted that the primary reason for Suradkar’s detention was his absence from court proceedings. The court acknowledged his age, medical concerns, and retired status, stating that further incarceration was unnecessary.
Granting bail, the court laid down several conditions to ensure Suradkar’s cooperation with the legal process:
- Bail Amount: Suradkar was released on a personal bond of ₹30,000 with one or two sureties of the same amount.
- Regular Reporting: He must visit Matunga Police Station every Tuesday and Friday between 11:00 a.m. and 4:00 p.m. until further orders.
- Residency and Contact Information: Suradkar and his sureties must provide their residential addresses, mobile numbers, and email IDs to the authorities. Any change in contact details must be communicated immediately.
- Restrictions on Travel: The accused must surrender his passport, if any, to the investigating officer. If he does not possess a passport, he must submit an affidavit confirming the same. He is also prohibited from leaving India without prior court approval.
- No Witness Tampering: Suradkar is barred from influencing, threatening, or interfering with witnesses or prosecution evidence.
- Court Attendance: He must attend all court proceedings regularly.
Legal Implications and Future Course of Action
The case underscores the importance of judicial discretion in balancing legal obligations with humanitarian considerations. The court’s decision reflects an effort to ensure compliance with the legal process while preventing undue hardship on an elderly accused. Any violation of the bail conditions may result in immediate cancellation.
With the bail now granted, Suradkar is expected to continue attending trial proceedings. The case against him will proceed as per the scheduled hearings, and the prosecution will present its evidence before the court.
This ruling sets a precedent for handling cases involving elderly individuals facing legal proceedings, highlighting the judiciary’s approach toward balancing justice with compassion.
