CRI. BA 832/2024
1
ORDER
MHCC020053112024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 832 OF 2024
( CNR NO.: MHCC02-005311-2024 )
MR. SACHIN PARASLAL GUPTA,
Age 35 years, Occ.:- Labour,
Residing at Nityanand Nagar,
Adhuni Compound, Bengali Chawl,
Ghatkopar-West Mumbai-400 086
V/s.
The State of Maharashtra,
(At the instance of Ghatkopar
Police Station vide C.R.No.27/2024)
…Applicant/Accused
…Respondent/State.

Appearance:Ld. Advocate Chetan Mule 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 : 10.04.2024.
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. 27 of 2024 dated 07.01.2024
CRI. BA 832/2024
2
ORDER
registered with respondent/state for the offences punishable under
Sections 353, 332 and 504 r/w. 34, of the Indian Penal Code,1860.
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-4.
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 it inclined in
impugned crime the applicant and co-accused Abida Nazir Shaikh are
involved. Against them alleged that they have intentionally raised the
obstruction while discharging performing night patrolling official duty
by the informant Lady Police Inspector Deepali Kulkarni. Also alleged
that while it both the accused abused scuffled with her and torn her
police uniform. Even they raised attack on other police staff Subhash
Rote. They have caused considerable injuries. In that regard necessary
medical treatment taken by them. The applicant has denied the entire
allegations grievance raised against him and raised the plea that he
immediately arrested after raising of crime i.e. on 07.01.2024. The
investigation is completed and co-accused his wife Abida Nazir Shaikh
is already enlarged on bail by order of this court dated 23.01.2024
passed in Cri. B.A. No.140 of 2024. Considering the levelled allegations
record material availed with charge-sheet and objection raised in
CRI. BA 832/2024
3
ORDER
written say doesn’t incline seriously considerable cause reason for
declining liberty to him. He also raised general grounds.
5.

The respondent/state has strongly opposed to the bail plea
of applicant by raising objection that the applicant and his companion
both were quarreling during mid-night hour at about 03:00 a.m. on
public road. While night patrolling duty the informant has noticed the
same and she started to give understanding to them. However, the
applicant and the co-accused Abida Shaikh both have abused to
informant and the staff of night patrolling squad without any reason
and cause. Even they have raised the attack on them and caused serious
in natures injury to informant and police constable Subhash Rote.
Moreover, the applicant has caught hold the collar of police uniform and
torn the same. Even he has scuffled with informant and other police
staff. Such allegations and conduct behave demeanor is certainly serious
in nature. The medical testimonials and injury certificate would indicate
and clarify about nature of causing injuries to informant. In the
circumstance considering the leveled allegations seriousness gravity of
crime of raising attack on public servant/police officials especially
during mid-night hours while discharging official duties by them,
thereby the applicant does not deserve to have relief sought. They also
raised general objections.
6.

In above such circumstance considering the record material
would reveal in impugned crime applicant and his wife Abida Shaikh
are involved. Against them raised allegations that they have
intentionally obstructed to the public servant while discharging official
duties by them, raised attack on them thereby got injured to the
CRI. BA 832/2024
4
ORDER
informant Lady Police Inspector and the police personnel of night
patrolling squad accompanied with her. Also alleged that the applicant
has torn her police uniform. As per record it inclined the co-accused
Abida Shaikh is enlarged on bail by order dated 23.01.2024 passed in
Cri. B.A. 140 of 2024. The investigation is completed and charge-sheet
is filed. The copy of charge-sheet neither submitted on record by
applicant or respondent. However, revealed the concern material
witnesses are just the police personnel and official. The applicant is
immediately arrested upon raising of impugned crime. The material
objection of respondent is that the applicant is habituated to commit
serious in natures crime. Against him other Eight (08) serious in natures
crimes already have been subjudiced. Raising obstruction and attack on
public servant i.e. police official and personnel while discharging official
duties by them during night patrolling is seriously considerable,
cognizable fact circumstance. The same is required to be deprecated.
Against the applicant cogent considerable evidence is availed and
against him considerable allegations grievance raised. Therefore, he
doesn’t deserve to have liberty merely on the ground of parity.
Considering the same and the all over facts circumstance though
inclined the applicant is habitual offender to commit crimes and Eight
other crimes raised and pending against him. However, I felt the said
alone fact circumstance would not material seriously cognizable in view
of declining liberty to applicant. Moreover, it is my humble view and
opinion that though the applicant is involved in serious in natures
considerable crime of raising attack on Lady Police Official while
discharging official duty i.e. night patrolling by her with squad is
cognizable and the same is required to be deprecated. However, when
the investigation is completed and charge-sheet is filed thereby, I felt by
CRI. BA 832/2024
5
ORDER
saddling stringent conditions in view of objections raised by the
respondent/state would appropriate to have the liberty to him. Hence,
passed the following order.
:ORDER:
1.

The present Criminal Bail Application No. 832 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.

The applicant MR.SACHIN PARASLAL GUPTA, age 35 years,
residing at Nityanand Nagar, Adhuni Compound, Bengali Chawl,
Ghatkopar-West Mumbai-400 086 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.27 of 2024 registered with Ghatkopar Police Station for the
offences punishable under Sections 353, 332 and 504 r/w. 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/Ghatkopar Police Station on every 05th date of every month
between 11:00 a.m. to 02:00 p.m. until conclusion of trial.
d.

The applicant shall attend every date of trial without fail.

e.

The applicant shall not indulge in any criminal activity.

CRI. BA 832/2024
f.

6
ORDER
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.

Committal/Trial Court.
i.

Accordingly,
inform
to
the
Ld.

Committal/Trial
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.832 of 2024 stands
disposed of accordingly.
Dictated and pronounced in open court
SHRIRAM
MADHUKAR
TAPKIRE
Dictated on
: 10.04.2024
Directly Typed on : 10.04.2024
Date of sign
: 16.04.2024
Digitally signed
by SHRIRAM
MADHUKAR
TAPKIRE
Date: 2024.04.16
16:22:31 +0530
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 832/2024
7
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
16/04/2024, 4.22 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
10.04.2024
Order signed by P.O. on
16.04.2024
Order uploaded on
16.04.2024