Mumbai, May 5, 2022 – The Additional Judge G.B. Gurao granted bail to Shiva Hiralal Gupta, accused in a rioting and assault case registered at Chembur Police Station. The court cited the completion of the investigation and the filing of the charge sheet as primary reasons for granting bail.

Gupta was arrested in connection with Crime No. 687/2021, registered under Sections 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 323 (voluntarily causing hurt), 504¹ (intentional insult with intent to provoke breach of the peace),² 141 (unlawful assembly), 143 (being member of an unlawful assembly), 144 (joining unlawful assembly armed with deadly weapon), 147³ (rioting), 148 (rioting, armed with deadly weapon), 149 (every member of unlawful assembly guilty of offense committed in prosecution of common object),⁴ 332 (voluntarily causing hurt to deter public servant from his duty)⁵ of the Indian Penal Code (IPC), and Sections 37(1)(A), 135, and 142 of the Maharashtra Police Act.

According to the complainant, Sagar Pathak, on December 26, 2021, a dispute arose between Hitesh Bajaj and accused Nitin regarding the movement of a drainage cleaning vehicle. Later that night, a group of accused, including Gupta, allegedly assaulted the complainant and his brother Kashyap with knives and paver blocks. Kashyap sustained serious injuries and was hospitalized.

Gupta, through his advocate Keshav Chavan, sought bail under Section 439 of the Criminal Procedure Code (CrPC), arguing that he was innocent, the investigation was complete, the charge sheet had been filed, and his custodial interrogation was no longer necessary. He also stated that he was ready to abide by any conditions imposed by the court.

The prosecution, represented by Additional Public Prosecutor (APP) Ramesh Siroya, opposed the bail, arguing that the offense was serious, the accused was a habitual offender, and he might abscond if released.

Judge Gurao, after perusing the charge sheet and statements of witnesses, noted that the incident occurred on December 26, 2021, and Gupta had been in judicial custody since then. The court also observed that there was no further recovery or discovery required from Gupta, and his custodial interrogation was not necessary.

“It is to be noted that incident occurred on 26/12/2021. Accused is in judicial custody since then. Now there is no recovery or discovery at the instance of applicant/accused. His further custodial interrogation is not necessary. He undertakes to abide by the conditions, if any, imposed by the Court. Hence, considering the facts and circumstances of the case, I find that applicant/accused is entitled for bail.” Said Judge Gurao.

Consequently, the court granted Gupta bail, ordering him to execute a personal bond of Rs. 20,000 with one or more sureties of the same amount. The court also imposed the following conditions:

• Gupta must attend the concerned police station as and when reasonably required by the investigating officer until further orders.
• Gupta must not pressurize the prosecution witnesses in any manner.
• Gupta must not commit any offense while on bail.
• Gupta must attend the court dates regularly unless exempted by the court.
• Gupta must furnish his correct address to the investigating officer.
• Gupta was allowed to give provisional cash bail of Rs. 20,000 for four weeks.

“Applicant/accused namely Shiva Hiralal Gupta in C.R.No. 687 of 2021 registered with Chembur police station for the offence punishable under Sections 307, 326, 332, 323, 504, 141, 143, 144, 147, 148, 149 of IPC, and under Section 37 (1) (A), 135, 142 of Maharashtra Police Act, shall be released on his executing PR Bond of Rs.20,000/- (Twenty Thousand only) with one or more sureties of the like amount on the conditions that : a) He shall attend concerned police station as and when reasonably required by investigating officer till further orders. b) He shall not pressurize the prosecution witnesses in any manner. c) He shall not commit any offence while on bail. d) He shall attend the dates of Court regularly unless exempted by the Court. e) He shall furnish his correct address to the investigating officer. He be released on provisional cash bail of Rs.20,000/-. Duration of provisional cash bail shall be for four weeks.” Judge Gurao ordered.

The order was dictated on May 5, 2022, transcribed and signed on May 6, 2022, and uploaded on the same day, as certified by stenographer S.S. Sawant.

This ruling highlights the judiciary’s approach in considering the completion of the investigation and the filing of the charge sheet as significant factors when deciding bail applications in serious offenses like rioting and assault. It also underscores the court’s effort to balance the rights of the accused with the need to ensure the safety of the witnesses and the integrity of the trial.