Interim Order 1

Order Details: Order on Exhibit
Pdf Text: IN THE COURT OF SESSIONS FOR GR.BOMBAY AT MUMBAI
ORDER BELOW EXH.3
(BAIL APPLICATION)
IN
SESSIONS CASE NO.6 OF 2020
Prakash Vishwanath Singh ...Applicant/Accused
V/s.
The State (at the instance of
Pantnagar Police Station,
C.R.No.103/2019) ...Respondent
Appearances:
Ld. Adv. Mr. Rohan Gangurde for the applicant.
Ld.A.P.P. Mr. D.M. Lade for the State.
CORAM : HIS HONOUR ADDL.SESSIONS
JUDGE SHRI ABHIJEET A.
NANDGAONKAR
(C.R.No.30)
DATED : 11th August,2020
ORDER
By way of this application, applicant/accused has prayed to
release him on bail pertaining to C.R.No.103/2019 registered for the
offence punishable under Section 398 of IPC, under Section 3/25 of
Indian Arms Act, and under Section 37 (1) r/w 135,142 of Mumbai
Police Act with Pantnagar Police Station.
2. The applicant through Advocate submitted that he was arrested
on 01.10.2019 in C.R.No.625/2019. Since then he is in custody.
Thereafter, he was also taken in custody in this crime No.103/2019 by
Pantnagar police station. But he has no involvement in this complaint.
The police have falsely implicated him in this case. He was never
present on the spot. But as Ghatkopar Police station have arrested him
he was also dragged in this matter. There is no primafacie case
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OBE-3 (BA) .. 2.. Sessions Case No.6/2020
established by the prosecution against him, hence, he prayed that he be
released on bail.
3. Say of learned A.P.P and I.O. was called. They have filed their
reply by submitting that by order of D.C.P, Zone07, dt.11.09.2019 the
applicant/accused was externed, therefore, he commit such type of
offence again. There are six offences registered against him in
Pantnagar Police station. Therefore, he should not be released on bail.
4. Heard learned A.P.P and learned Advocate of the accused.
5. Since 01.10.2019 the applicant is in custody. It was the
prosecution case that while night patrolling on 01.10.2019 the police
party at about 02.30 a.m. in the night found one auto rickshaw driver in
frighten condition. He revealed that on GhatkoparMankhurd Link road
one person by showing gun robbing travellers. Therefore, immediately
police proceeded towards spot and found the applicant injuring one
auto rickshaw driver. Immediately he was taken in custody and
recovered pistol from him. Thereafter, he lodged in the police custody
and forwarded to jail. About this offence the police registered FIR.
6. After perusal of say, offence under Section 354,452,324 and 380
are registered with Pant Nagar Police station against this accused.
However, there is no other record found mentioned to hold that by
means of weapon i.e gun applicant has committed robbery. Therefore,
if the applicant/accused was kept behind bar in this offence, it will
definitely caused serious prejudice to him. Already investigation is
over, weapon is recovered and charge sheet has been filed. Therefore,
his presence during the trial can be secured by imposing certain
conditions.
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OBE-3 (BA) .. 3.. Sessions Case No.6/2020
7. Considering the nature of offence and the period for which
accused is behind bar, the pandemic of COVID19 is spreading all over.
Also there is no possibility of reopening of the Court to proceed the trial
in near future, therefore, the directions issued by Hon. High Power
Committee of Hon. Bombay High Court needs to be considered to
release the applicant on bail in this crime. Therefore, application
deserves to be allowed. Hence, I proceed to pass following order :
O R D E R
1. Bail application (Exh.3) in Sessions Case No.6 of 2020 is
allowed.
2. Applicant/accused Prakash Vishwanath Singh be
enlarged on bail in C.R.No.103/2019 (Sessions Case
No.6/2020) registered with Pant Nagar Police Station on
executing his PB of Rs.25,000/ with one or two solvent
sureties of like amount.
3. The applicant shall report to the concerned police station
on every Sunday from 10.00 a.m. to 12.00 p.m.
4. The applicant shall not tamper with the evidence or
attempt to influence or contact the complainant,
witnesses or any person concerned with the case.
5. The applicant shall inform his latest place of residence
and mobile contact number immediately after being
released and/or change of residence or mobile details, if
any, from time to time to the Court seized of the matter
and to the Investigation Officer of the concerned Police
Station.
6. The applicant to cooperate with the conduct of the trial
and attend all the dates, unless exempted.
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7. Cash bail of Rs.25,000/ is granted to the
applicant/accused and amount to be deposited before
concerned police station, who in turn to deposit it in this
Court after opening of the Court.
8. After lifting of lockdown within four weeks applicant
shall execute his surety bonds.
9. Application stands disposed of accordingly.
10. Authenticated copy of this order be supplied to both the
sides.
( ABHIJEET A. NANDGAONKAR )
Additional Sessions Judge (C.R.No.30)
Dt.: 11/08/2020 Gr.Bombay at Mumbai.
Signed on : 11.08.2020
kps/
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
14.08.2020 at 10.49 a.m.
UPLOAD DATE AND TIME
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI A.A.
NANDGAONKAR
(COURT ROOM NO.30)
Date of pronouncement of
judgment/order
11.08.2020
Judgment/order signed by P.O. on 11.08.2020
Judgment/order uploaded on 14.08.2020
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