Full Order Text
Final Order 1 · 24 Mar 2025 · CNR MHMM180038042025
Order Details: Bail Order Pdf Text: IN THE COURT OF ADDL. CHIER JUDICIAL MAGISTRATE, 2 STH COURT. BANDRA, MUMBAI. C. R. No.193/2025 Khar Police Stn. 3 U/sec. 132,189(2),189(3),190,191 (2), 324(5)(6),233,351(2),352,333 B.N.S.2023 Lw 37(1),135 Maharashtra Police Act. This is an application secking enlargement of bail. Perused application and say of I.O. as well as that of APP Heard both the sides. It is contended that the alleged act of the accused is the outbreak of their emotions on account of the defamation of their leader. There was no preplanned or conspiracy while committing the offence. The offences are triable by this Court. The accused are ready to co-operate the investigation and further ready to furnish the surety and shall abide by the conditions imposed. Hence, sought bail. ORDER BELOW BAIL APPLICATION 873/BA/2025 Per contra, the application has been resisted by the Ld. I.O. and A.PP on the reason that there is possibility of pressurizing the witnesses and further to discard the evidence and further they may create mischief and vandalized. It is further argued that the issue of Jaw and order situation is there. Hence, the rejection of the applicationhas been sought. I have carefully gone through the FIR, respectfuleubmisions of all the sides. It is to be seen that, other offences are as regards the unlawtul assembly and riotino Ilowever, offencepunishable under Section 132 which was carlier Session Triable Offence and provided for the higher punishment, has now become triable by the Magistrate in view of coming into force of B.N.S.,2023. Needless to state, considering the place where the offence has taken place, must be under CCTVsurveillance. Tlence, identification of others and actual act ..2/ -- 1 of 2 -- order. 1. 2 3 can be done even during investigaticon. Considering the overall scenario, I do not find any necossity of custodial interrogation and further detention of the accused, as there are no allegations in respect of the use of any weapon or any grievous hurt caused to any of the persons. Further, all the accused appear to be the residents of the jurisdiction ofMumbai. Hence, their presence can be well secured by imposing certain conditions. I further make a note that, the offences are triable by this Court and do not provide for death penalty or life imprisonment. such, their further detention is unwarranted. In this background, I am of the opinion that the accused can be released on bail. Hence,. the 4. 5. -- 2 -- ORDER The accused No.1 to 12 be released on execution PB. and S.B Rs. 15,000/- (Rupees Fifteen Thousand only) each or the cash bail in the like amount each. He shall undertake to remain present before Police Station Khar on every Monday and Thursday between 11.00 a.m. to 1.00 p.m. The accused shall not tamper the evidence of the prosecution in anymanner nor shall they pressurize any witness in any manner. The accused shall not leave the jurisdiction of this Court without nrior permission of the I.0. till the completion of theinvestigation. The accused shall surrender their passports, if any. The accused Date:-24/03/2025 shall produce their Adhar Gards and their residential address before the Court. (A.K.Awafi ) Addl.Chief Judicial Magistrate,9" Court, Bandra, Mumbai As detail Socoeach «f Aeed ne: |to /2 h bail Amount of Rs. Receipt No. 46342S to oB436 Deposited by the Accused vida Cach ba Acc Head Cashier ACJM Bandra Court, Mumb -- 2 of 2 --