Mumbai, Maharashtra – May 13, 2022 – Hemant Maruti Golambade, arrested on a non-bailable warrant in a 16-year-old case, has been granted bail by the Sessions Court for Greater Mumbai. Additional Sessions Judge B.V. Wagh (C.R. No. 24) allowed Bail Application No. 1036 of 2022, related to C.R. No. 181 of 2006 registered with R.A.K. Marg Police Station.

Golambade was arrested and charged under Sections 332 (voluntarily causing hurt to deter public servant from his duty), 353 (assault or criminal force to deter public servant from discharge of his duty),¹ and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code² (IPC).

Case Background:

Golambade and a co-accused were facing criminal prosecution under Section 399 read with 34 of the IPC. They were required to appear before the court in Sewree. During a court appearance, they allegedly misbehaved with the police squad, obstructing them in the discharge of their duties. Consequently, a case was registered against them.

Following an investigation, a charge sheet was filed. However, Golambade failed to appear in court, leading to the issuance of non-bailable warrants on December 10, 2019, and December 2, 2021. The warrants were executed on March 24, 2022, and Golambade was taken into judicial custody. His bail application was subsequently rejected by the Metropolitan Magistrate.

Arguments and Court’s Reasoning:

Golambade’s counsel, Adv. Tejasvee R. Lad, argued that her client was unaware of the proceedings against him and that his absence was neither intentional nor deliberate. She asserted that Golambade had learned from his mistake and would rectify his behavior in the future.

The prosecution, represented by APP Ratnavali Patil, presented the state’s case.

The court, after reviewing the application, its annexures, and the prosecution’s submissions, noted that Golambade’s arrest was due to the execution of a non-bailable warrant resulting from his absence. “On going through application, it’s annexure and say, it appears that applicant was arrested on execution of non­bailable warrant due to his absence,” Judge Wagh stated.

The court acknowledged Golambade’s claim that he was unaware of the proceedings and considered the nature of the accusations. “The Ld. Advocate for the applicant urged that applicant was unknown of the proceeding against him. His absence is not intentional or deliberate. It appears that applicant has learn the lesson of his absence and he would mend his way in future. Considering the nature of accusation, it is desirable to enlarge the applicant on bail,” Judge Wagh concluded.

Bail Conditions:

Judge Wagh granted bail to Hemant Maruti Golambade on the following conditions:

• Execution of a personal bond of ₹15,000 with one surety of the same amount.
• Submission of residential address proof and contact numbers to the Investigating Officer.
• Prohibition from directly or indirectly inducing, threatening, or promising any person acquainted with the facts of the case.
• Prohibition from leaving India without prior permission of the Court.
• Bail to be processed before the Lower Court.

The certified copy of the judgment was issued on May 13, 2022. This decision highlights the court’s consideration of the reasons for the accused’s absence and the nature of the accusations when granting bail, particularly in cases where the accused claims lack of awareness of the proceedings.