Mumbai, March 22, 2024 – Akshay Ishwar Jadhav has been granted bail by the Sessions Court for Greater Bombay after being re-arrested for non-appearance in court. Additional Sessions Judge S.B. Pawar (Court Room No. 58, in-charge of Court Room No. 60) issued the order on March 19, 2024.
Jadhav was re-arrested in execution of a Non-Bailable Warrant (NBW) in connection with C.R. No. 06 of 2020, registered at the Bhandup Police Station. The offenses include Sections 307 (attempt to murder), 323 (voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapons or means), 504 (intentional insult with intent to provoke breach of the peace),1 and 506 (criminal intimidation) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) and2 Section 142 of the Maharashtra Police Act. The case, C.C. No. 215/PW/2020, is pending before the 53rd Metropolitan Magistrate Court, Mulund, Mumbai.
Background and Allegations:
Jadhav was initially granted bail on May 15, 2020, during the COVID-19 lockdown period. However, after the charge sheet was filed, he failed to appear in response to court summons, leading to the issuance of an NBW and his subsequent re-arrest on January 18, 2024. His subsequent bail application before the Magistrate Court was rejected.
Arguments Presented:
Advocate Navita Jadhav, representing Jadhav, argued that he was unaware of the court dates due to an externment order against him during the relevant period. She requested the court to consider that he was already granted bail on merits.
Special Public Prosecutor (SPP) Manisha Parmar represented the State.
Court’s Reasoning and Decision:
Judge Pawar noted that Jadhav had previously been granted bail by the Sessions Court after considering the merits of the case. He accepted Jadhav’s explanation for his non-appearance, attributing it to the externment order and his lack of awareness of the court dates. The court decided to grant bail again, subject to appropriate terms and conditions to safeguard the prosecution’s interests.
Bail Conditions:
Jadhav was granted bail upon executing a personal bond of Rs. 25,000 and furnishing one or two sureties of the same amount. The following conditions were imposed:
- Jadhav must not directly or indirectly influence or threaten any person acquainted with the facts of the case.
- He must not tamper with prosecution evidence.
- He must not commit similar offenses while on bail.
- He must not contact the complainant or witnesses personally or through anyone until the conclusion of the trial.
- He must submit documents regarding his permanent address and contact details to the concerned police station and the court within seven days of his release and inform the police station of any changes.
- He must attend the trial regularly.
- Breach of any condition will result in the cancellation of his bail.
- Provisional cash bail of Rs. 25,000 was allowed for six weeks.
- Bail to be furnished before the Trial Court.
Order Details:
The order was dictated on March 19, 2024, transcribed on March 20, 2024, and signed on March 21, 2024. The certified copy was uploaded on March 22, 2024, at 11:40 a.m.
This decision reflects the court’s consideration of the previous bail granted on merits, the explanation for non-appearance, and the imposition of conditions to ensure Jadhav’s compliance with the legal process.