1
Cri. BA 1118/2024
MHCC020069622024
IN THE COURT OF CITY CIVIL AND SESSIONS AT GRATER BOMBAY
(COURT ROOM NO.23)
(Presided over by Shri N. P. Tribhuwan, Additional Sessions Judge)
CRIMINAL BAIL APPLICATION NO.1118 OF 2024
Applicant :
Satyarajsingh Umedsingh Waghela
Age : 28 years, Occu: Nil, R/o. : Nagor,
Bhuch, Dist. Gujarat
VERSUS
Respondent :
The State of Maharashtra
Through V. P. Road Police Station
Mr. Shailesh S. Kharat, learned Advocate for Applicant.
Mrs. Ranjana Budhwant, learned APP for the State.
ORDER
(Delivered on 02/05/2024)
This is an application under Section 439 of Cr.P.C. for
releasing applicant/accused Satyarajsingh Umedsingh Waghela on bail
in Crime No.120/2024 for the offence punishable under Sections 448,
395, 323 of Indian Penal Code, registered with V. P. Road Police Station,
Mumbai.
2.

Heard learned Counsel for applicant and learned APP for
the State. Perused Bail Application, say/reply and documents.
3.

It is case of prosecution that informant Dipesh Motilal Shah
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Cri. BA 1118/2024
has given complaint/report in V. P. Road Police Station. He alleged that
he is residing at Room No.A14 & 19, 1 st floor, Tarabaug Estate, Rajaram
Mohanroy Road, Charni Road, Mumbai alongwith his mother and wife.
Their kitchen is in Room No.14 and they use to sleep in Room No.19.
On 22.02.2024 at about 9.15 p.m. when he was in Room No.14, five
unknown persons entered in the said room. Informant asked them why
they entered in his room but the said persons have closed the door and
bolted from inside. At that time, one of them has demanded money to
the complainant by saying that they came from Rajasthan. At that time,
the said person has caught hairs of the mother of informant and
snatched mobile phone from her. Out of them, two persons have caught
hold mother of informant. Out of them, three persons started beating to
the complainant by hands. Therefore, complainant and his mother
shouted but one person has tried to keep cloth on the mouth of mother
of complainant. On listening the shouting, the residents of the chawl
started to knock the door. Therefore, the said five persons frightened
and opened the door. They tried to ran away. However, complainant has
caught one person. Residents of the chawl have caught another person.
Remaining three persons ran away by taking the mobile phone of
mother of complainant. In the said incident, complainant and his
mother has sustained injury to their hand. Residents of the chawl called
police. Thereafter, police came there and taken those two persons in
police station. On inquiry by police, the said two persons told their
name Sushil Hamir Sutar and Sandeepkumar Shrichand Badjati,
resident of Rajasthan State. They also told the name of remaining three
accused, who ran away. Their names are Sattyaraj, Dilip and Vikas.
4.

Learned Counsel for applicant argued that the investigation
is as good as completed. Nothing is recoverable from applicant. As per
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Cri. BA 1118/2024
the remand papers, it is only alleged that applicant was present on the
spot and no overt-act has been attributed to the applicant. All the
articles have been recovered and seized by Investigating Officer.
Nothing has been recovered at the instance of applicant. Therefore, no
useful purpose will be served by detaining the applicant in jail. Another
accused Sushil Hamid Sutar has been released on bail as per order
dtd.14.03.2024 passed by this Court in Criminal Bail Application
No.613/2024. Accused Sandeepkumar released on bail as per Order
dtd.01.04.2024 passed by this Court in Criminal B.A. No.777/2024.
Accused Dilip Singh Guman Singh Waghela released on bail as per
Order dtd.18.04.2024 in Cri. BA No.971/2024 by this Court. The
allegations against the present applicant and the accused Dilip Singh
are same. Therefore, present applicant also entitled to release on bail on
the ground of parity.
5.
that
Learned APP argued that during investigation, it revealed
present
accused
was
present
with
accused
Sushilkumar,
Sandeepkumar, Dilip and Vikas at the spot of incident while committing
the offence of dacoity. There is evidence of CCTV footage and also direct
evidence of eye witnesses. If accused is released on bail, he will not
remain present during the trial. Yet absconded accused Vikas is not
found.
6.

Taking into consideration above facts, it seems that
accused/applicant was arrested on 06.03.2024. Now he is in Magistrate
custody. Applicant/accused has played active role in commission of the
crime. However, accused is in jail from March 2024. It seems that
accused has no criminal antecedent. It seems that further custody of
applicant is not necessary. Offence punishable under Section 395 of IPC
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Cri. BA 1118/2024
is punishable with imprisonment upto 10 years. Accused Sushil Hamir
Sutar, Sandeepkumar and Dilip Singh are released on bail by this Court
mentioned in para supra. It seems that complainant and his mother
have sustained injuries but prosecution have not made it clear whether
they have sustained simple or grievous hurt. As per prosecution story
accused have not used the weapon while committing the offence.
Considering above the factors, nature of offence and allegations,
applicant can be admitted to bail. Hence, I pass following order.

1.

ORDER
Criminal Bail Application No.1118 of 2024 is allowed as
under.
2.
Applicant/accused Satyarajsingh Umedsingh Waghela is
released on bail in Crime No.120/2024 for the offence punishable
under Sections 448, 395, 323 of Indian Penal Code, registered
with V. P. Road Police Station, Mumbai ; subject to conditions :
i) Applicant shall execute a Personal Bond for a sum of
Rs.25,000/- with one or more sureties in the like amount.
ii) Applicant shall not tamper with any of the prosecution
witnesses, directly or indirectly.
iii) Applicant shall co-operate with the investigation and make
himself available for interrogation whenever required.
iv) Applicant shall remain present at the concerned Police Station
on every alternate Thursday between 10.00 a.m. to 1.00 p.m. for
a period of 3 months or till filing of charge-sheet whichever is
earlier.
v) Applicant shall not misuse his liberty.
vi) Applicant shall furnish his detail address and mobile number
to the investigation officer and the concerned court. In case
applicant change his residence/address and mobile number, he
shall furnish the same to the I.O and concerned court.

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Cri. BA 1118/2024
3. Bail before learned trial court.
4. Inform to the learned trial court.
Date : 02.05.2024.

NITIN
PUNJAJI
TRIBHUVAN
Digitally signed
by NITIN
PUNJAJI
TRIBHUVAN
Date: 2024.05.03
11:03:15 +0530
(N.P. Tribhuwan)
Additional Sessions Judge,
C.R.No. 23, Gr. Mumbai.

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Cri. BA 1118/2024
Direct dictated on : 02.05.2024
Checked on
: 02.05.2024
Signed on
: 02.05.2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
02.05.2024 at 10.59 a.m.
UPLOAD DATE AND TIME
Mrs. K.S.Bhosale
NAME OF STENOGRAPHER
Name of the Judge (With Court Room HHJ SHRI N. P. TRIBHUWAN
No.)
(C.R.No.23)
Date of Pronouncement of JUDGMENT 02.05.2024
/ ORDER
JUDGMENT/ORDER signed by P.O. on 02.05.2024
JUDGMENT/ORDER uploaded on
03.05.2024