Mumbai: The Additional Sessions Judge, Shri R.J. Katariya (C.R.NO.56), has granted bail to Sagar Parshuram Mangle, 22, who was arrested in connection with charges including assault on a public servant and rash driving. The order, issued on March 28, 2022, allows Mangle’s release on a personal recognizance (P.R.) bond of Rs. 15,000/- with a surety of the like amount. Provisional cash bail is also permitted for six weeks.

Mangle, a businessman residing in Parel, Mumbai, was arrested in Tardeo Police Station C.R. No. 75 of 2022. He faces charges under Sections 353 (assault or criminal force to deter public servant from discharge of his duty), 279 (rash driving or riding on a public way), 336 (act endangering life or personal safety of others), 504 (intentional insult with intent to provoke breach of the peace) of the Indian Penal Code (IPC), and Sections 184 (driving dangerously) and 177 (general provision for punishment of offences) of the Motor Vehicles Act.

Prosecution’s Allegations

According to the First Information Report (FIR), the incident occurred on March 15, 2022, at approximately 3:50 a.m. The informant, a duty officer, was stationed at Haji Ali Junction. It is alleged that Mangle was driving his motorcycle at high speed from Mahalaxmi temple towards Haji Ali junction. When the informant signaled him to stop, Mangle applied brakes while turning, causing his motorcycle to slip. The informant then moved Mangle and his motorcycle to the side of the road and questioned him about driving on the wrong side. In response, Mangle allegedly “abused him in filthy language.” Following this incident, the crime was registered.

Arguments for and Against Bail

Mr. Sugandh Zende, the advocate for Mangle, argued that his client was falsely implicated. He contended that there were no specific allegations that Mangle used criminal force or restrained the informant from performing his duty. He highlighted that Mangle was arrested on March 15, 2022, and had been in custody since then. Mr. Zende stated that Mangle was willing to abide by any conditions imposed by the court.

Ms. Ashwini Rayakar, the Learned Additional Public Prosecutor (APP) for the State, opposed the bail application. She confirmed Mangle’s presence at the scene and the allegation that he abused the informant in “filthy language.” She also stated that the investigation was still in progress and requested the rejection of the bail application.

Court’s Rationale and Decision

After reviewing the FIR and considering the arguments, Judge R.J. Katariya observed that the primary allegations against Mangle were that he “drived his Motor Cycle in high speed and abused applicant.” The court noted that Mangle is young and has been in custody since his arrest on March 15, 2022.

Significantly, the court pointed out that “Except offence u/s 353 of IPC rest are triable by the Magistrate Court.” The judge also found “No criminal antecedents are pointed against the applicant.”

Considering these factors, the court concluded that releasing Mangle on bail with suitable conditions would not prejudice the prosecution.

Bail Conditions

Accordingly, Bail Application No. 658 of 2022 was allowed. Sagar Parshuram Mangle is to be released on bail upon:

• Furnishing a P.R. bond of Rs. 15,000/- with a surety of the like amount.
• He shall not commit any other or similar offense.
• He shall furnish photocopies of his Aadhaar Card and documents pertaining to his permanent and temporary residential addresses to the Court.
• He shall give written intimation to the Investigating Officer (IO) whenever he changes his residential/temporary address.
• Provisional cash bail is allowed for 6 weeks from the date of the order.
• The bail is to be furnished before the Learned Metropolitan Magistrate Court, which is directed to accept the cash bail as specified.

The Bail Application No. 658/2022 stands disposed of. The order was signed and uploaded on March 28, 2022.