Mumbai, January 18, 2024: The Additional Sessions Court in Greater Mumbai granted bail to Surendra Sujen Pawar, a 32-year-old accused in a case involving obstruction of police duty and assaulting a public servant. The bail application, filed under Section 439 of the Code of Criminal Procedure, was heard by Additional Sessions Judge S.B. Pawar, who ruled in favor of the applicant based on the completion of the investigation and medical grounds.
Background of the Case
The case originated from an incident on January 11, 2024, when police constable Amit Prakash Kadam of Shivaji Park Police Station was on night patrol duty along with PSI Ingole. Around 3:00 a.m., they stopped a vehicle driven at high speed by the accused, bearing registration number MH-47-BL-0559, at Kasarwadi Junction, J.K. Sawant Road, Dadar West. The police found that Pawar was allegedly under the influence of an intoxicant.
Upon being stopped, the accused reportedly abused the officers in foul language, assaulted constable Kadam by grabbing his collar and physically attacking him, and misbehaved with other police personnel who arrived at the scene. He allegedly damaged a police digital device (D.D. Machine), snatched the constable’s gold chain and Bluetooth device, and threw them onto the road. Following this, he was taken into custody, and a First Information Report (FIR) was lodged under Sections 353, 332, 504, 506, and 427 of the Indian Penal Code (IPC) along with Section 185 of the Motor Vehicles Act, 1988.
Bail Plea and Court’s Observations
The defense, represented by advocate Sujit More, argued that the accused was not involved in the crime as alleged. He contended that Pawar is the sole earning member of his family and suffers from a severe heart condition, with a 50% blockage in a dominant vessel requiring immediate surgical intervention. Supporting medical reports from an angiography conducted on December 29, 2023, were submitted, indicating his critical health condition.
The prosecution, represented by Additional Public Prosecutor Pankaj Chavan, opposed the bail application, highlighting that Pawar had obstructed police officers while they were performing their duty. They also cited a previous case under Section 326 of the IPC registered against him at Kurla Police Station, arguing that releasing him on bail could lead to further offenses and potential threats to the informant and witnesses.
Court’s Decision
After reviewing the submissions and case materials, Judge S.B. Pawar noted that Pawar had been in custody since his arrest on January 11, 2024. The court observed that he had been remanded to judicial custody on the same day, and further police custody was not necessary. Given the completion of the investigation and the accused’s medical condition, the judge ruled that his continued detention was unnecessary.
The court granted bail under the following conditions:
- A personal bond of Rs. 15,000 and a surety of the same amount.
- Prohibition from directly or indirectly influencing witnesses or tampering with evidence.
- Prohibition from committing a similar offense while on bail.
- No contact with the complainant (police constable Amit Prakash Kadam).
- Submission of permanent address and contact details to the police within seven days.
- Deposit of passport (if any) with the investigating officer.
- Regular attendance at trial proceedings.
Additionally, provisional cash bail of Rs. 15,000 was permitted for six weeks.
Conclusion
The court’s decision reflects a balance between judicial prudence and humanitarian considerations, particularly regarding the accused’s medical condition. While granting bail, the court ensured stringent conditions to prevent any interference with the legal process. The case will continue to be monitored, with trial proceedings expected in the coming months.