CRI. BA 999/2024
1
ORDER
MHCC020062542024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 999 OF 2024
( CNR NO.: MHCC02-006254-2024 )
Shree Balkrushna Patankar
Aged 23 Year,
Residing at machhiwala Chwal,
Kajupada, Opp. Sona Hospital,
Ghatkopar (w), Mumbai-84.
Versus
…Applicant/Accused No.6
1. State of Maharashtra
Through Police Station
2. Senior Inspector of Police,
Ghatkopar Police Station,
(At the instance of Ghatkopar
Police Station vide C.R.No.231/2024)
…Respondent/State.
Appearance:Ld. Advocate Sushrut Jadhwar for the applicant/accused.
Ld. S. P.P. Veena Shelar for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 26.04.2024.

CRI. BA 999/2024
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. 231 of 2024 dated 15.03.2024
registered with respondent/state for the offences punishable under
Sections 143, 144, 147, 148, 149, 307, 324, 504, 506-2 of the Indian
Penal Code, 1860 , u/s. 37(1)(a) and 135 of the Maharashtra Police Act,
1951 and u/s. 4, 25 of the Indian Arms Act, 1959.
2.
of
The respondent/state has strongly opposed to the bail plea
the
applicant on various
grounds
by
filing
their
written
say/submission at Exh-3
3.

Perused the application, plea submissions, grounds raised
therein coupled with the documents placed reliance by the applicant.
Also, perused the written say/objection of respondent/state. Heard Ld.
Advocate for the applicant and the Ld. S.P.P. for respondent/state.
4.

Having heard to the rival parties and considered their
raised submissions contentions and record availed prima-facie inclined
in impugned crime in all nine accused are involved including applicant.
He is arrested on 17.03.2024. Against all the accused raised the
allegations by informant Eklavya Sonawane that on 12.03.2024 at
10:30 p.m., when he along with his friends were proceeding near from
Hanuman Nagar, Bhatwadi, Ghatkopar, Mumbai. While it all the
accused have obstructed them and by abused threatened assaulted to
him and his friends by sword, knife, stone and seriously got injured
CRI. BA 999/2024
3
ORDER
them. The applicant has denied the entire allegations grievance and
raised the plea of false implication. He submitted that against him no
any serious in natures allegations raised. He was not having any
weapon and not assaulted to any else by any weapon. Serious in
natures allegations raised against the co-accused. He is immediately
arrested after raising of impugned crime. The concerned weapons
sword, knife bamboo sticks are not detected discovered seized by
investigation machinery. In such eventualities his further custodial
interrogation detention is not necessary for any purpose.
5.

The respondent has vehemently opposed to the bail plea of
applicant by raising objection that he was also actively involved to
commit the alleged crime. He was companion of main accused. Initially,
he has obstructed to informant and his friends and then other coaccused have raised attack on them. Therefore, the role attributed by
him is required to be considered seriously.
6.

Thus, considering the same prima-facie inclined in
impugned crime though nine accused are involved. However, till now
six accused are arrested. The three co-accused are yet to detected and
arrested. It is alleged against the applicant that initially he has
obstructed to informant and his friend and then his companion coaccused have raised the attack on them by deadly weapon sword and
knife and then fled. It shows the applicant was not having any weapon
or he had not raised attack by using any weapon. Against him just
alleged that he was companion of main co-accused. Further, considering
the written say/objection of respondent, by it prima-facie does not
incline seriously considerable cause reason in regard to active
CRI. BA 999/2024
4
ORDER
involvement of applicant and further requirement of investigation in
view of allegations raised against him. Thus, I felt that though
investigation is not completed, however, by saddling stringent
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.999 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.
The applicant Shree Balkrushna Patankar, age 23 Year, residing at
machhiwala Chwal, Kajupada, Opp. Sona Hospital, Ghatkopar (w),
Mumbai-84 be released on executing a P.R. Bond of Rs.1,00,000/(Rupees One Lakh Only) and furnish one or two solvent sureties in the
like amount in connection with the crime vide C.R. No. 231 of 2024
(C.C.T.N.S. No.332 of 2024) registered with Ghatkopar Police Station
for the offences punishable under Sections 143, 144, 147, 148, 149,
307, 324, 504, 506-2 of the Indian Penal Code, 1860 , u/s. 37(1)(a)
and 135 of the Maharashtra Police Act, 1951 and u/s. 4, 25 of the
Indian Arms Act, 1959.
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/Ghatkopar Police Station on every Wednesday of every
week between 11.00 a.m. to 05.00 p.m. until submission of chargesheet.
d.

The applicant shall attend every date of trial without fail.

e.

The applicant shall not indulge in any criminal activity.

CRI. BA 999/2024
5
ORDER
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
/Committal Court.
i.
Accordingly, inform to the Ld. Trial/Committal Court,
Investigating Officer/Ghatkopar Police Station by sending copy of this
order.
j.
The respondent/Ghatkopar Police Station to take note of this
order.
k.
The present Criminal Bail Application No. 999 of 2024 stands
disposed of accordingly.
Dictated and pronounced in open court
SHRIRAM
MADHUKAR
TAPKIRE
Dictated on
Transcribed on
Date of sign
: 26.04.2024
: 29.04.2024
: 02.05.2024
Digitally
signed by
SHRIRAM
MADHUKAR
TAPKIRE
Date:
2024.05.03
12:07:47
+0530
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai, C.R. 60
CRI. BA 999/2024
6
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
03/05/2024, 12.07 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
26.04.2024
Order signed by P.O. on
02.05.2024
Order uploaded on
03.05.2024