Sessions Court Rejects Police Plea to Cancel Bail of Accused Traffic Cop Assaulters

The sessions court in Mumbai has ruled that denying bail or cancelling bail of accused persons would amount to pretrial conviction, citing the necessity to preserve a person's liberty. The court, led by additional sessions judge B V Wagh, reviewed the case of Sagarika Tiwari and Mohsin Khan, who were granted bail for allegedly assaulting a traffic cop in south Mumbai last month. The judge observed that bail can only be cancelled if extraordinary circumstances exist, such as tampering of evidence, threatening of witnesses, or likeliness to abscond.

Key Takeaways:

• The sessions court held that denying bail or cancelling bail of accused persons would be equivalent to a pretrial conviction, highlighting the importance of preserving a person's liberty.
• The court rejected the police plea to cancel the bail of Sagarika Tiwari and Mohsin Khan, citing that the magistrate had already considered the aspect of antecedents, recovery, and the fact that the offense is not punishable with death or life imprisonment.
• Tiwari was granted bail on October 26, with conditions including attending the police station every Monday until the filing of the chargesheet, and allowing the investigator to call her with prior written intimation.
• The court observed that the accused had assaulted an on-duty public servant in a crowded place, but the magistrate had already put stringent conditions on the accused.
• The defense argued that the cops had collected sufficient evidence for the trial, and there were no extraordinary circumstances to cancel the bail.

Statistics:

• 37 incidents where Sagarika Tiwari had been issued a challan and fined for breaking traffic rules.
• The police reported that constable Eknath Porte was on duty at Kalbadevi traffic police division when the incident occurred.
• October 23: The date when Tiwari and Khan were arrested for allegedly assaulting the traffic cop.

Sources:

• Times Content: "Sessions court rejects police plea to cancel bail of accused traffic cop assaulters"