BA 689/22
1
ORDER
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION 689 OF 2022
( CNR NO.: MHCC020040592022 )
1. Hemant Narayan Patil,
Age: 36 Yrs, Occ: Labour,
R/at. Indrayani Soc, B/108,
Gauri Shankar wadi No.02,
Pant nagar, Ghatkopar (E)
Mumbai.
2. Bharat Suresh Lavande,
Age: 36 Yrs, Occ: Labour,
R/at. 111 Gurukrupa HSG,
Galli No.1, Dr Babasaheb
Ambedkar Chowk, Pant nagar,
Ghatkopar (E), Mumbai.
3. Rajesh Shantaram Shishupal,
Age: 36 Yrs, Occ: Labour,
R/at. Galli No.20/21, Jay Bharat
Chawl, Kamraj Nagar,
Vasant Naik Marg, Near Buddha Vihar,
Ghatkopar (E), Mumbai.
…Applicant/Accused
V/s.
The State of Maharashtra,
( At the instance of Pant Nagar
Police Station vide C.R.No.146/22)
…Respondent/State.
Appearance:
Shri. Suresh Patkar, Advocate for the applicant/Accused.
Smt. Ujjwala Karvate, Addl.PP for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
DEEPAK L. BHAGWAT (C.R.60)
DATE : 11.05.2022
BA 689/22
2
ORDER
ORDER
1.
Vide present application under Section 439 of Code of
Criminal Procedure, the applicants requested to release them on bail in
Crime No. 146 of 2022 registered at Pant Nagar Police Station for
offences punishable under Sections 307, 143, 147, 148, 149 of Indian
Penal Code and Section 135 of the Maharashtra Police Act.
2.
The prosecution case, is that on account of previous enmity
on 18.03.2022 at about 3.30 a.m., accused Harshal, accused Hemant,
accused Sachin, accused Bharat, accused Rajesh assaulted the informant
Rupesh by sharp weapons and iron rod on his head, back, shoulder and
ribs. On the basis of FIR lodged by Rupesh crime came to be registered.
3.
The learned advocate on behalf of the applicants argued
that there is no material against the accused. Only one knife has been
recovered and other weapons such as iron rod and other sharp weapon
have not been recovered. The investigation has been almost completed.
The informant has been discharged from the hospital. No need to detain
the applicants for further period. Therefore, the learned advocate
requested to allow the application.
4.
On the other hand learned APP argued that, there is
material showing commission of offence by the applicants. The
investigation is in progress. Therefore, she requested to reject the
application.
5.
The First Information Report shows that accused were
carrying iron rods and sharp weapons. Accused Harshal and accused
BA 689/22
3
ORDER
Hemant dealt sharp weapon blow on the head of the informant.
Accused Sachin, accused Bharat and accused Rajesh dealt iron rod blow
on the head, back and shoulder of the informant. Thus, the injuries
have been caused on vital part. The blows by sharp weapon and iron
rod by each of the accused at this stage indicate that there was intention
to cause death. A knife has been recovered at the instance of accused
Hemant, a rod has been recovered at the instance of accused Harshal.
Thus, at this stage there is prima facie material against the accused.
Investigation is in progress. If released on bail at this stage there is
likelihood that the accused may influence the witnesses. Considering
same circumstances, at this stage, it is not proper to grant bail to the
applicants. Hence, order as follows is passed:
:ORDER:
1.
The Criminal Bail Application No. 689 of 2022 is rejected.
Digitally
signed by
DEEPAK
LAXMANRAO
DEEPAK
LAXMANRAO BHAGWAT
BHAGWAT
Date:
2022.05.13
11:24:09
+0530
(Deepak L. Bhagwat)
Addl. Session Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 11.05.2022
: 12.05.2022
: 13.05.2022
BA 689/22
4
ORDER
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
13.05.2022, 5.00 pm
UPLOAD DATE AND TIME
Mrs. Revati V. Kadam
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ Deepak L. Bhagwat,(C.R.No.60)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
11.05.2022
Order signed by P.O. on
13.05.2022
order uploaded on
13.05.2022