Dadasaheb Dnyoba Dnyanabo Gaikwad Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 1033 of 2024

MHCC020064112024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 1033 OF 2024
Dadasaheb Dnynoba alias Dnyanabo Gaikwad
Age : 39,
R/at : Flat No. 003, A wing building NO.06,
Mahavir Garden, Tembhode, Palghar 404.

… Applicant/
Org. Accused
Vs.
The State of Maharashtra,
(At the instance of Mankhurd police
station, Mumbai).

… Respondent/
Org. Complainant
Appearances :Mr. Nilesh Garud, Ld. Adv. for applicant/accused.
Mr. J. N. Suryawanshi, Ld. A.P.P. for respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A. A. KULKARNI (C.R. NO.22)
DATED : 25th April, 2024.
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Heard learned Advocate for the applicant
and learned A.P.P. for the respondent/State. Perused the documents on
record.

-22.

BA-1033/2024
It is contention of applicant that he is arrested by
Mankhurd police station on execution of non-bailable warrant issued by
court in case C. C. No. 110/PW/2015 (Crime No. 317/2014) for the
offences punishable under Sections 353, 332 of IPC pending before Ld.
Metropolitan Magistrate, 52nd Court, Kurla, Mumbai. There is no need
of custodial interrogation of applicant. Applicant is ready to appear
before Ld. Trial Court for the purpose of trial. Hence, prayed for grant
of bail.
3.

The Ld. APP and IO opposed the application. It is their
contention that if applicant is released on bail he will abscond.
Therefore, prayed for rejection of application.
4.

In view of submissions from both sides, it is clear that
investigation of case is completed and charge-sheet is filed. Nothing is
to be seized at the instance of applicant. Applicant is arrested on
execution of non-bailable warrant issued by the court. Earlier he was
released on bail by the court. It is also submitted that, Ld. Metropolitan
Magistrate has committed case to the court of Sessions. Therefore,
further custody of applicant is not required. Applicant can not be detain
as punishment before the trial. Therefore, I am of the opinion that, by
imposing condition applicant may be released on bail. Hence, I pass
following order :ORDER
1.

Criminal Bail Application No.1033 of 2024 is allowed.

2.

Applicant/accused Dadasaheb Dnynoba alias Dnyanabo Gaikwad
be released on bail on furnishing fresh P.R. & S.B. of Rs.25,000/-
-3-
BA-1033/2024
along with one or two more sureties in the like amount
connection with C.R. No.317/2014 registered with Mankhurd
police station.
3.

Applicant/accused shall attend court regularly.

4.

Applicant/accused shall furnish his residential address proof
and contact numbers to Investigating Officer.

5.

Applicant/accused shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.

6.

Applicant/accused shall not leave India without previous
permission of the Court.

7.

In view of committal of case, accused shall furnish bail before this
court.

8.

Provisional cash bail is allowed for eight weeks.

9.

Criminal Bail Application No.1033 of 2024 stands disposed of
accordingly.

Date : 25.04.2024
Directly dictated on computer on : 25.04.2024
HHJ signed on
: 25.04.2024
Digitally
signed by
AJAY ANIL
KULKARNI
Date:
2024.04.25
16:46:17
+0530
(A. A. Kulkarni)
Additional Sessions Judge,
Sessions Court,
Gr. Bombay (C.R.No.22)
-4-
BA-1033/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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Mrs. Manasi Kadam
Name of the Judge (With Court
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Date of Pronouncement
JUDGMENT /ORDER
HHJ SHRI. A.A. KULKARNI (CR 22)
of
25.04.2024
JUDGMENT /ORDER signed by
P.O. on
25.04.2024
JUDGMENT /ORDER uploaded
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25.04.2024