Mumbai, June 9, 2022 – In a ruling that balanced the severity of the alleged offense with the progress of the investigation, the Additional Sessions Judge Anand Pandurang Kanade (C.R. 60) granted bail to Rupesh Eknath Satpute in connection with an attempted murder case registered at Pant Nagar Police Station (C.R. No. 147/2022). The court’s decision was primarily based on the completion of the investigation and the imposition of stringent conditions to address the prosecution’s concerns.

Background of the Case:

Rupesh Eknath Satpute, a 26-year-old businessman residing in Ghatkopar (East), was arrested in connection with an incident that occurred on March 18, 2022, at around 3:30 a.m. The prosecution alleged that Satpute, along with other accused, assaulted the complainant with an iron rod and kicks, causing injuries to his head and hand. The case was registered under Sections 307 (attempt to murder), 143 (unlawful assembly), 147 (rioting), 148 (rioting, armed with deadly weapon), and 149 (every member of unlawful assembly guilty of offense¹ committed in prosecution of common object) of the Indian Penal² Code (IPC) and Section 135 of the Maharashtra Police Act.

Arguments Presented:

Shri. Jadhwar, the advocate representing Satpute, argued that his client was falsely implicated in the case and that the incident arose from a trivial dispute. He emphasized that Satpute was willing to cooperate with the police and that his further custody was unnecessary. He also mentioned that Satpute had previously lodged a complaint against the complainant.

Smt. Seema Deshpande, the Additional Public Prosecutor (APP) representing the State, opposed the bail application. She argued that there was material evidence showing Satpute’s involvement in the crime, that the investigation was ongoing, and that Satpute had six criminal cases pending against him. She expressed concerns about the possibility of Satpute tampering with evidence if released on bail.

Court’s Reasoning and Decision:

Judge Kanade, after reviewing the case papers, noted that the Investigating Officer (I.O.) had visited the crime scene, prepared a spot panchnama, and seized an iron rod. He also noted that the statements of witnesses had been recorded and that the complainant had been discharged from the hospital.

“The applicant is ready to abide the conditions imposed on him,” Judge Kanade stated in his oral order. “The applicant is permanent resident of the given address. In my view, further custody of the applicant is not needed.”

Considering the progress of the investigation and the applicant’s willingness to abide by conditions, the court decided to grant bail to Satpute, subject to stringent conditions.

“In the result, I am of view that, it is appropriate to release him on bail subject to certain conditions,” the judge observed.

Consequently, the court granted bail to Rupesh Eknath Satpute, ordering his release upon furnishing a Personal Recognizance (PR) bond of Rs. 20,000 and one or two solvent sureties of the same amount. A provisional cash security of Rs. 20,000 was also permitted for one month in lieu of the surety bond.

The court imposed several conditions, including that Satpute must attend Pant Nagar Police Station twice a month until the charge sheet is filed, provide a list of blood relatives with their addresses, inform the police and court of any change in address, submit copies of identification documents, cooperate with the I.O. for address verification, refrain from influencing witnesses, not leave Mumbai without permission, and not commit similar offenses.

Implications and Significance:

This ruling highlights the court’s approach to balancing the severity of the alleged offense with the progress of the investigation and the rights of the accused. The decision underscores the importance of completing key investigative steps, such as recording witness statements and seizing evidence, before granting bail.

The imposition of stringent conditions reflects the court’s effort to mitigate potential risks, such as witness tampering and flight risk, while upholding the principle of individual liberty. The requirement for detailed address verification and regular police station attendance ensures that the accused remains accessible to the authorities.

The order was dictated on June 8, 2022, transcribed on the same day, and signed on June 9, 2022. It was uploaded on June 9, 2022, at 5:20 p.m.