CRI. BA 960/2024
1
ORDER
MHCC020060672024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO. 960 OF 2024
( CNR NO.: MHCC02-006067-2024 )
Mr. Tushar Pandhari Mahadeshwar
Age: About 33 years
Residing at: 5, Mahmad Husain Chawl,
Gaondevi Road, Tembipada Bhandup West,
Mumbai-400078.
…Applicant/Accused No.1
V/s.
The State of Maharashtra,
(At the instance of Bhandup
Police Station vide C.R.No.195/2024)
…Respondent/State.

Appearance:Ld. Advocate Faiyaz Khan h/f Ld. Advocate Shekhar Singh 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 960/2024
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. 195 of 2024 dated 27.03.2024
registered with respondent/state for the offences punishable under
Sections 326, 324, 323, 504 r/w. Section 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–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 the applicant and two co-accused are involved. They
all are arrested. Against them the informant/victim Sushil Vinod Rai has
raised the allegation that on 25.03.2024 at 01:30 p.m. when he was
proceeding towards his residence, at that time the accused who
obstructed to him, stopped him and started teasing with him. Upon
given understanding to them they annoyed and raised attack by a
paver-block. While it the applicant has delivered a blow by said paverblock on his left eye. Further, the accused no.2 Gokul Bhadait also
CRI. BA 960/2024
3
ORDER
delivered a blow by the same paver block on his head. Therefore, he
severely got injured. The applicant has denied the entire allegations and
raised the plea of false implication. He is immediately arrested after
raising of the impugned crime. The informant has not caused serious in
natures injury.
5.

Whilst the respondent/state has strongly opposed to the
bail plea of applicant by raising objections that the applicant was
actively involved in the alleged crime. He is a main accused and actively
involved to commit impugned crime. In that regard sufficient evidence
is availed. Therefore, doesn’t deserve for liberty.
6.

Thus considering the above submissions revealed against
the applicant alleged that he has assaulted to informant by a paverblock on his left eye. Due to that the informant has caused serious in
natures head injury. However, record reveals the said paver-block is
already detected and seized. The applicant is arrested immediately after
raising of impugned crime. The bail plea of applicant is pleased to
rejected by the Ld. Trial Court just on the ground serious in natures
punishment prescribed for the offence u/s.326 of the IPC. Considering
the allegations levelled against the applicant would reveal certainly
substantial material facts and circumstances must have to investigated.
Till now medical/injury certificate is not availed. In such eventualities I
felt by saddling stringent conditions would appropriate to have the
relief sought by the applicant. With this passed the following order.

CRI. BA 960/2024
4
ORDER
:ORDER:
1.

The present Criminal Bail Application No. 960 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
a.

The applicant Mr. Tushar Pandhari Mahadeshwar, age 33 years,
residing at 5, Mahmad Husain Chawl, Gaondevi Road, Tembipada
Bhandup West, Mumbai-400078 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.195 of 2024 registered with Bhandup Police Station for the offences
punishable under Sections 326, 324, 323, 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 Friday of every week
between 11:00 a.m. to 05:00 p.m. until submission of charge-sheet.
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.

CRI. BA 960/2024
g.

5
ORDER
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.960 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
13:07:52
+0530
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
CRI. BA 960/2024
6
ORDER
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
03/05/2024, 01.05 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