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

**Thane Sessions Court Grants Bail to Man Accused in Multiple Criminal Cases**

The Thane Sessions Court has granted bail to a man allegedly accused in 10 criminal cases registered across Thane, Mumbai, and Pune. The court held 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 also transpired that the accused has given threats to the public by brandishing 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 legal principle that **“bail is the rule and jail an exception,”** underscoring that an accused is presumed innocent until proven guilty.

### Background of the Case

The bail order pertains to a case filed by complainant Neelkumar Divakar, who 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 clear 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 is also accused of threatening the complainant with a pair of scissors.

### Arrest and Charges

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

### Defence by the Accused

Akshay Jadekar, who has been in custody since his arrest on October 24, 2024, maintained his innocence. He claimed to be falsely implicated and denied assaulting the complainant with any weapon.

Jadekar 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 opposed the bail plea, contending that Jadekar was the leader of an organised crime syndicate. They argued that releasing him could lead to a repetition of similar offences.

### Court’s Final Decision

Rejecting the prosecution’s apprehensions, the court found no reasonable grounds to believe that Jadekar would commit similar crimes if released.

The court noted that the complainant’s injuries were simple in nature and highlighted that the accused had a fixed place of residence.

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https://www.freepressjournal.in/mumbai/bail-is-rule-jail-an-exception-thane-sessions-court-grants-bail-to-man-booked-in-10-cases

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