The Court of Sessions for Greater Mumbai has granted bail to Dadasaheb Dnynoba alias Dnyanabo Gaikwad (39), who was recently arrested on a Non-Bailable Warrant (NBW) in connection with a 2014 case involving the assault of a public servant.

The order, issued by H.H. Additional Sessions Judge A. A. Kulkarni on April 25, 2024, allowed the bail application (Criminal Bail Application No. 1033 of 2024), noting that the investigation is complete and the charge-sheet is already filed. Since the case has been committed to the Court of Sessions and the accused’s arrest was due only to the execution of an NBW for his non-appearance, the Court found that further custody was unnecessary for the trial to proceed.

Case Background and Arrest Details

• Applicant: Dadasaheb Dnynoba alias Dnyanabo Gaikwad.
• Case: C. R. No. 317/2014 (C. C. No. 110/PW/2015) registered with Mankhurd Police Station.
• Offences: Sections 353 (Assault or criminal force to deter public servant from discharge of his duty) and 332 (Voluntarily causing hurt to deter public servant from his duty) of the Indian Penal Code.
• Arrest Reason: The applicant was previously released on bail but failed to appear, leading the Court of the Ld. Metropolitan Magistrate to issue a Non-Bailable Warrant, on the execution of which he was arrested.
• Prosecution Objection: The Ld. A.P.P. opposed bail, contending the applicant might abscond, given his previous conduct.

Court’s Rationale for Granting Bail

Judge Kulkarni considered the nature and stage of the proceedings:

1. Investigation Complete: The investigation is completed and the charge-sheet is filed. The Court explicitly stated, “Nothing is to be seized at the instance of applicant.”
2. Trial Stage: The case has been committed to the Court of Sessions for trial, meaning the preliminary procedures are over.
3. Bail, Not Punishment: The Court reiterated the principle that the applicant, having been arrested solely for failing to appear, “can not be detain as punishment before the trial.”

Given these facts, the Court ruled that the applicant’s presence for the trial can be secured through stringent conditions.

Bail Conditions

The Criminal Bail Application No. 1033 of 2024 was allowed. Dadasaheb Dnynoba alias Dnyanabo Gaikwad was released on bail upon furnishing a fresh P.R. & S.B. (Personal Recognizance and Surety Bond) of ₹25,000/- along with one or two sureties of the like amount.

Key conditions imposed by the Court:

• Surety: The applicant must furnish bail before the Sessions Court due to the committal of the case.
• Cash Bail: Provisional cash bail is allowed for eight weeks to facilitate the furnishing of solvent sureties.
• Attendance: The applicant shall attend court regularly.
• Non-Tampering: He shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case.
• Travel Restriction: He shall not leave India without the previous permission of the Court.