CRI. BA 948/2024
1
ORDER
MHCC020059802024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 948 OF 2024
( CNR NO.: MHCC02-005980-2024 )
Sagar Zhade
Presently in Thane Central Jail
Age: 30 years, Occ: service,
R/at Ramabai Ambedkar Nagar No.1,
16, Sukhsagar Niwas, Sai Hill,
Ramabai Tembipada Road,
Bhandup West, Mumbai-400 078.
V/s.
The State of Maharashtra,
(At the instance of Bhandup
Police Station vide C.R.No.188/2024)
…Applicant/Accused
…Respondent/State.

Appearance:Ld. Advocate Mohan Rawat for the applicant/accused.
Ld. S. P.P. S.V. Kekanis and Ld. S.P.P Manisha J. Parmar for the
State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 29.04.2024.

CRI. BA 948/2024
2
ORDER
ORDER
1.

This is an application under Section 439 of Code of
Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) in
connection with the crime vide C.R. No. 188 of 2024 dated 25.03.2024
registered with respondent/state for the offences punishable under
Sections 323, 324, 326, 504 r/w. Section 34 of the Indian Penal Code,
1860.
2.

Having heard to the rival parties and considered their
raised submissions contentions and record material availed prima-facie
inclined in impugned crime the applicant and co-accused Rohan
Bawaskar are involved. Allegedly, they both are arrested immediately
after raising of impugned crime. Against them alleged that on
25.03.2024 at 6:00 p.m., when the victim Ashutosh Shinde the friend of
informant Hemant Padyal had been for playing cricket. While it the
applicant and co-accused unnecessarily raised the dispute and while it
by abusing threatening assaulted to victim by a paver-block on his head.
It is alleged that the applicant has assaulted to victim by fist blows and
kicks. The applicant has denied the entire said allegations grievance and
raised the plea of false implication.
3.

The respondent/state has strongly opposed to the bail plea
of applicant by raising objection that applicant was companion of main
accused Rohan Bawaskar. He was actively involved in alleged crime.
The victim has sustained serious in natures head injury. Therefore, he
does not deserve to have the relief sought.

CRI. BA 948/2024
4.

3
ORDER
Considering the same coupled with record material availed
it inclined the applicant immediately arrested after raising of impugned
crime. The co-accused Rohan Bawaskar is already arrested. The alleged
muddemal weapon paver-block is already detected and seized. The
injury certificate is yet to availed. However, against the applicant just
alleged that he has assaulted to victim by fist blows and kicks. Except
that nothing seriously considerable raised. The Ld. Trial Court rejected
the bail plea of applicant just on the ground to prescribe the severe in
natures punishment to the offences u/s.326 of the IPC. Thereby, I felt by
saddling certain conditions would appropriate to have the relief sought
by the applicant. With this passed the following order.
:ORDER:
1.
The present Criminal Bail Application No. 948 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.
The applicant Sagar Zhade, age 30 years, residing at Ramabai
Ambedkar Nagar No.1, 16, Sukhsagar Niwas, Sai Hill, Ramabai
Tembipada Road, Bhandup West, Mumbai-400 078 be released on
executing a P.R. Bond of Rs. 50,000/- (Rupees Fifty Thousand Only) and
furnish one or two sureties in the like amount in connection with the
crime vide C.R. No. 188 of 2024 registered with Bhandup Police Station
for the offences punishable under Sections 323, 324, 326, 504 r/w.
Section 34 of the Indian Penal Code, 1860.
b.
The applicant shall not tamper or hamper the prosecution
witnesses and evidence by any manner.
c.
The
applicant
shall
record
his
attendance
with
respondent/Bhandup Police Station on every Wednesday of every week
between 11:00 a.m. to 05:00 p.m. until submission of charge-sheet.

CRI. BA 948/2024
4
ORDER
d.

The applicant shall attend every date of trial without fail.

e.

The applicant shall not indulge in any criminal activity.

f.
The applicant shall not leave India without prior permission of
Ld. Trial Court.
g.
The applicant shall submit his proper considerable residential
address proof as well as telephone and cell numbers with respondent, in
view of his contact.
h.

The applicant to make surety compliance before Ld. Trial Court.

i.
Accordingly, inform to the Ld. Trial Court, Investigating
Officer/Bhandup Police Station by sending copy of this order.
j.

The respondent/Bhandup Police Station to take note of this order.

k.
The present Criminal Bail Application No. 948 of 2024 stands
disposed of accordingly.
Dictated and pronounced in open court
SHRIRAM
MADHUKAR
TAPKIRE
Dictated on
Transcribed on
Date of sign
: 29.04.2024
: 30.04.2024
: 02.05.2024
Digitally signed
by SHRIRAM
MADHUKAR
TAPKIRE
Date:
2024.05.03
12:54:32 +0530
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 948/2024
5
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
03/05/2024, 12.55 p.m.
UPLOAD DATE AND TIME
Mr. Prasad S. Pednekar
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)

HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil & Sessions
Court, Mumbai.

Date of pronouncement of Judgment/Order
29.04.2024
Order signed by P.O. on
02.05.2024
Order uploaded on
03.05.2024