CNR No.

MHCC02-000430-2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.83 OF 2022
Sagar Manohar Pol,
Age : 26 year, Occp : Driver,
R/o. 501, Om Sai Chawl, Rajiv Gandhi,
Nagar, Dharavi, Mumbai-400 016
…
Applicant
…
Respondent
Versus
The State of Maharashtra
(At the instance of Police Station,
Shau Nagar,
C.R.No.386/2021)
Appearance:
Mr. Bhaskar J.Sarwade, Ld. Adv. for applicant.
Mrs. Rashmi Tendulkar, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
January 14, 2022
ORDER
1.

This is second bail application moved by applicant Sagar
Manohar Pol, who is accused No.2 in C.R.No.386/2021 registered with
Shau Nagar Police Station under Ss. 353, 333, 504, 506-II, 34 of I.P.C.
This application for bail is on the ground that investigation is over and
charge sheet has been filed.

Accused is innocent person and not
committed any offence nor he instigated any other accused person.
There are no antecedents.
application.

With this, it is contended to allow the
Prosecution vide say (Exh.2) of Investigating Officer
opposed the application by reiterating the facts alleged in the FIR and
further contended that accused is involved in the offence and assaulted
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BA No.83/2022
public servant on duty, which resulted nose fracture to woman police
staff. If bail is granted he will give threat to the informant, prosecution
witnesses and also demoralize the public servant.

With this, it is
contended to reject the application.
2.

Heard Ld. Mr. Bhaskar J.Sarwade for the applicant and Ld.

A.P.P Mrs. Rashmi Tendulkar.
determination.

Following points arise for my
I am recording following findings thereon for the
reasons discussed below :POINTS
FINDINGS
1.

Whether the applicant-accused has made
out a strong prima-facie case to release him
on bail ?

Yes
2.

What Order ?

Application is
allowed.
REASONS
POINT NO.1.
FACTS INVOLVED IN C.R.No.386 OF 2021.
3.

Informant Vidya Mahendra Gangurde, is a Woman Police
Constable (WPC). On 07.11.2021 she was on night duty. She was
posted on Shahu Nagar Mobile.

She along with driver Godse were
patrolling in the area. It was around 1.03 hours in the late night. At
that time they were directed to visit Shahu Nagar Maidan as there being
played loudspeaker was playing and the same was against the rules.
They visited the spot and saw some males and females playing
loudspeaker.

Therefore, they asked help from Marshal-2.

PC
Sonkamble accordingly reached the spot and all of them directed those
dancing people to stop playing the loudspeaker. There were women
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BA No.83/2022
who picked up quarrel. Therefore, this fact was informed to Shahu
Nagar Mobile-5. At that time one woman was shouting and abusing
loudly, whom the informant tried to pacify.

But she was not in a
position to listen. Two males and the said female abused police staff
and also created clamor. They further questioned the authority of the
informant and said that, who they are to stop their loudspeaker and
dance.

It was noticed that the said woman was drunk. Informant
requested her and gave understanding, but she abused the informant.
Not only this, but she further bet her by fist and kick blows, pulled the
collar of informant’s uniform and gave heavy fight on her nose. Blood
was oozing.

Thereafter, she twisted fingers of the informant and
threatened her to kill.

Therefore, the said lady and her two male
associates were brought to the police station. Where they continued
their tantrums, abusing and shouting. After some time, that woman
broke her bangles and inflicted self injuries. Informant was taken to the
hospital where on examination fracture to the nose bone was detected.
These are the facts.
4.

Admittedly, charge sheet has been filed, which clearly
indicates that investigation is over. Everything was seized and nothing
is required to be investigated any more. No one is sure when case will
be committed, charge will be framed, trial will begin and conclude. In
this background keeping the accused behind bars for endless period is
not justified. Already applicant has undergone sufficient detention. It
cannot be ignored that the injured/victim is the police staff and other
prosecution witnesses are also police staff. Therefore, the possibility of
pressurizing them by the accused is least. There are dependents on the
applicant. Offence under Sec.353 of I.P.C. provides punishment to the
extent of five years with fine. Therefore, I am of the opinion that,
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BA No.83/2022
accused has made out strong prima-facie case to grant bail. Hence,
Point No.1 is answered in the affirmative and following order is
passed :ORDER
1.

Bail Application No.83/2022 is allowed.

2.

Accused Sagar Manohar Pol be released on bail in
C.R.No.386/2021 registered with Shau Nagar Police
Station by furnishing PR bond of Rs.15,000/- with like
amount of surety and on following conditions,
i)
applicant shall undertake not to abscond and attend each
and every date of the Court for trial scrupulously.

ii)
applicant shall undertake not to pressurize or threaten
the Informant and prosecution witnesses in any manner.

iii)
applicant shall not leave
permission of the Trial Court.

2.

Applicant be released on provisional cash security of
Rs.15,000/- for a period of four weeks and shall abide
other conditions scrupulously.

3.

Bail before Ld. Court of first instance.

Mumbai
without
MADHAV
GOPAL
DESHPANDE
Dt.: 14.01.2022
Dictated on
Transcribed on
Signed on
prior
Digitally signed
by MADHAV
GOPAL
DESHPANDE
Date:
2022.01.20
13:24:14 +0530
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 14.01.2022
: 14.01.2022
: 14.01.2022
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BA No.83/2022
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
20.01.2022 at
hours
UPLOAD DATE AND TIME
Name of the Judge
Date
of
judgment/order
pronouncement
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of 14.01.2022
Judgment/order signed by P.O. on
14.01.2022
Judgment/order uploaded on
20.01.2022