'Bail Is Rule, Jail An Exception’: Thane Sessions Court Grants Bail To Man Booked In 10 Cases

Thane: The Thane sessions court has granted bail to a man allegedly accused in 10 criminal cases registered across Thane, Mumbai, and Pune, holding that the mere registration of multiple offences does not automatically disqualify an accused from seeking bail.

Court’s Observation

The court observed that the investigating officer’s claim that the accused was a threat to society because he was found holding a sickle was not sufficient grounds to deny bail.

“Considering the material placed on record and citations supra, it is noted that the investigating officer has recovered a sickle from the hands of the accused by showing him as the leader of an organised crime syndicate. In the investigation, it was also transpired that the accused has given threats to the public by showing the said sickle. However, he has neither assaulted the complainant nor robbed the alleged amount of Rs 4,500 from the shop’s cash box. He has not played an aggravated role in the alleged crime… Mere registration of said crimes would not disentitle him to get the relief of bail in the absence of incriminating evidence against him,” the court said in its order.

Principle of Bail Reiterated

The court emphasised the principle that “bail is the rule and jail an exception,” and that an accused is presumed innocent until proven guilty.

The Case Background

The bail order came in a case where complainant Neelkumar Divakar alleged that on October 21, 2024, after 9 p.m., the accused, Akshay Jadekar, approached his pan stall demanding a cigarette. When Divakar asked him to pay earlier dues, Jadekar allegedly assaulted him with the help of his associates using fists and kicks, and forcibly took Rs 4,500 from the cash box while brandishing a sickle. One of Jadekar’s associates allegedly threatened the complainant with a pair of scissors.

Arrest and Charges

Following the incident, Jadekar and his associates were arrested, and the police invoked provisions of the Maharashtra Control of Organised Crime Act (MCOCA) against them after obtaining necessary approvals.

Defence by Accused

Jadekar, who has been in custody since his arrest on October 24, 2024, maintained that he was innocent, falsely implicated, and had not assaulted the complainant with any weapon. He argued that the investigation was complete, the charge sheet had been filed, and there was no risk of him absconding or tampering with evidence if released on bail.

Prosecution’s Argument

The prosecution, however, opposed the bail plea, arguing that Jadekar was the leader of an organised crime syndicate and that releasing him could lead to the repetition of similar offences.

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Court’s Final Decision

Rejecting the prosecution’s apprehensions, the court found no reasonable grounds to believe that Jadekar would repeat such crimes if released. It noted that the complainant’s injuries were simple in nature and that the accused had a fixed place of residence.

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