All Anticipatory Bail Application
Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2821 OF 2022 …. Kunal Sunil Hargude ...Applicant Versus State Of Maharashtra ...Respondent Mr. Rahul Kadam, Advocate for the Applicant. Ms. P. N. Dabholkar, APP for the Respondent – State. Mr. A. A. Khatavkar, PSI Shikrapur Police Station present. CORAM : PRAKASH D. NAIK, J. DATE : th 12 October, 2022. PER COURT : Heard both sides. Stand over to 19th October, 2022. 'for passing order'. Till then the applicant shall not be arrested. (PRAKASH D. NAIK, J.)
Order - Status 6: 11.ABA.2821.2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2821 OF 2022 Kunal Sunil Hargude Applicant versus The State of Maharashtra Respondent Mr.Rahul S. Kadam, Advocate for applicant. MsP.N.Dabholkar, APP, for State. Mr.Tejas S. Pawar, Advocate for complainant. API V.S.Pawar, Shikrapur Police Station, present. CORAM : PRAKASH D. NAIK, J. DATE : 19th October 2022 PC : Learned Advocate Mr.T.S.Pawar submitted that he has instructions to appear for the complainant. He undertakes to file his vakalatnama. He is permitted to appear for complainant in this application. Copy of application be served upon him by advocate for applicant. Stand over to 14th November 2022. Interim relief to continue. (PRAKASH D. NAIK, J.) MST
Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 2821 OF 2022 Kunal Sunil Hargude ....APPLICANT V/S State Of Maharashtra ....RESPONDENT WITH CRI-INTERIM APPLICATION NO. 3722 OF 2022 In Cr. Anticipatory Bail Appln. 2821 OF 2022 Sunil Namdev Hargude ....PETITIONER V/S The State Of Maharashtra And Anr ....RESPONDENT Mr. Adhik Kadam i/by Mr. Rahul Kadam for Applicant Mr. A. A. Palkar APP for State CORAM : HON'BLE SHRI JUSTICE SANDEEP KASHINATH SHINDE J DATE : 14th November, 2022 P.C. : Not before the Bench of which Justice Sandeep K. Shinde is a member. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3496 OF 2022 Sunil Namdev Hargude and another … Applicants Versus The State of Maharashtra … Respondent AND ANTICIPATORY BAIL APPLICATION NO. 2821 OF 2022 WITH INTERIM APPLICATION NO. 3722 OF 2022 Kunal Sunil Hargude … Applicant Versus The State of Maharashtra and another … Respondents …...... …...... Mr. Ashish Vernekar for the Applicants in ABA-3496-2022. Mr. Rahul Kadam for the applicant in ABA-2821-2022. Mr. P.H. Gaikwad Patil, APP for the State. CORAM : N.R. BORKAR, J. DATED : 13 FEBRUARY 2023 P.C. :- The learned Counsel for the parties submits that the settlement talks are going on. In view thereof, stand over to 3 March 2023. Interim order to continue till next date. ( N.R. BORKAR, J. ) KANCHAN PRASHANT DHURI Digitally signed by KANCHAN PRASHANT DHURI Date: 2023.02.13 18:44:52 +0530 Kanchan P Dhuri 1 / 1
Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3496 OF 2022 Sunil Namdev Hargude and another … Applicants Versus The State of Maharashtra … Respondent AND ANTICIPATORY BAIL APPLICATION NO. 2821 OF 2022 WITH INTERIM APPLICATION NO. 3722 OF 2022 …...... …...... Kunal Sunil Hargude … Applicant Versus The State of Maharashtra … Respondent Mr. Ashish Vernekar for the Applicants in ABA-3496-2022. Mr. Rahul Kadam for the Applicant in ABA-2821-2022. Mr. P.H. Gaikwad Patil, APP for the State. CORAM : N.R. BORKAR, J. DATED : 3 MARCH 2023 P.C. :- At the request of the learned Counsel for the Applicants, stand over to 21 March 2023. Interim order to continue till next date. ( N.R. BORKAR, J. ) KANCHAN PRASHANT DHURI Digitally signed by KANCHAN PRASHANT DHURI Date: 2023.03.04 10:25:56 +0530 Kanchan P Dhuri 1 / 1
Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3496 OF 2022 Sunil Namdev Hargude and anr … Applicants Versus State of Maharashtra … Respondent WITH ANTICIPATORY BAIL APPLICATION NO.2821 OF 2022 Kunal Sunil Hargude … Applicant Versus State of Maharashtra … Respondent WITH CRIMINAL INTERIM APPLICATION NO.3722 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO.2821 OF 2022 Sunil Namdev Hargude … Intervenor In the matter between Kunal Sunil Hargude … Applicant Versus ~ ~ State of Maharashtra … Respondent Mr.Satyavrat Joshi a/w Mr. Ashish S. Vernekar for the Applicant in ABA/3496/2022. …...... Mr. Rahul S. Kadam for the Applicant in ABA/2821/2022. Mr. P.H. Gaikwad Patil, APP for the Respondent – State. Ravikiran Mohan Jadhav, PH 2229, Shikrapur Police Station, Pune, present. CORAM : N.R. BORKAR, J. DATED : 21 MARCH 2023 P.C. :- At the request of learned counsel for the Applicant, stand over to 12th April, 2023. Ad-interim relief, if any, granted earlier to continue till the next date. ( N.R. BORKAR, J. )
Order - Status 17: 7-aba-3496-22 @ G.doc DINESH SADANAND SHERLA Digitally signed by DINESH SADANAND SHERLA Date: 2023.04.12 14:07:00 +0500 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3496 OF 2022 Sunil N. Hargude and anr. …Applicants V/s. State of Maharashtra & anr. ...Respondents. WITH ANTICIPATORY BAIL APPLICATION NO. 2821 OF 2022 Kunal S. Hargude …Applicant V/s. State of Maharashtra ...Respondent. WITH CONNECTED INTERIM APPLICATION Mr. Satyavrat Joshi a/w. Mr. Ashish S. Vernekar for the Applicants in ABA 3496/22. Mr. Rahul S. Kadam for the Applicant in ABA 2821/22. Mrs.Rutuja Ambekar, APP for the Respondent/State. Mr. Tejas S. Pawar for the Intervenor. CORAM : N.R. BORKAR, J. DATE : 12.04.2023. P.C. : List on 13 June 2023. The interim order, if any, to continue till the next date. [N.R.BORKAR, J.]
Order - Status 19: VRJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3496 OF 2022 Sunil Namdev Hargude & Anr. … Applicants V/s. The State of Maharashtra & Anr. … Respondents WITH ANTICIPATORY BAIL APPLICATION NO.2821 OF 2022 Kunal Sunil Hargude … Applicant V/s. The State of Maharashtra … Respondent WITH INTERIM APPLICATION NO.3722 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO.2821 OF 2022 Sunil Namdev Hargude … Applicant the matter between In Kunal Sunil Hargude … Applicant V/s. The State of Maharashtra … Respondent Mr. Ashish S. Vernekar for the applicant in ABA/3496/2022. Mr. Rahul S. Kadam for the applicant in ABA/2821/2022. Mr. Tejas S. Pawar for the applicnat in IA/3722/2022. CORAM : AMIT BORKAR, J. DATED : JUNE 13, 2023 P.C.: 1. Stand over to 4 th July 2023. Ad-interim relief granted earlier to continue till 4th July 2023. (AMIT BORKAR, J.)
Order - Status 22: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 3496 OF 2022 Sunil Namdev Hargude And Anr APPLICANT V/S State Of Maharashtra RESPONDENT WITH CR. ANTICIPATORY BAIL APPLN. NO. 2821 OF 2022 Kunal Sunil Hargude APPLICANT V/S State Of Maharashtra RESPONDENT CORAM : HON'BLE SHRI JUSTICE AMIT BORKAR J DATE : 25th July, 2023 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 10/08/2023 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 25: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 3496 OF 2022 Sunil Namdev Hargude and anr. ...Applicants vs. The State of Maharashtra ...Respondent WITH CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2821 OF 2022 Kunal Sunil Hargude ...Applicant vs. The State of Maharashtra ...Respondent WITH CRIMINAL INTERIM APPLICATION NO.3722 OF 2022 IN CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2821 OF 2022 Sunil Namdev Hargude ...Applicant In the matter between : Kunal Sunil Hargude ...Applicant vs. The State of Maharashtra ...Respondent Mr.Samay Pawar i/b. Mr. Ashish Vernekar for the Applicant in ABA . Mrs. Geeta P. Mulekar, APP for the Respondent-State. API V. S. Pawar, Shikrapur Police Station, Pune, present. CORAM : N. J. JAMADAR, J. DATED : 24 AUGUST 2023 P. C. : At the request of learned counsel for the applicant, stand over to 13 September 2023. Interim order, granted earlier, shall continue to operate till next date. [N. J. JAMADAR, J.]
Order - Status 29: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3496 OF 2022 Sunil Namdev Hargude and Anr. … Applicants versus State of Maharashtra … Respondent WITH ANTICIPATORY BAIL APPLICATION NO.2821 OF 2022 Kunal Sunil Hargude … Applicant versus State Of Maharashtra … Respondent WITH INTERIM APPLICATION NO.3722 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO.2821 OF 2022 Sunil Namdev Hargude … Applicant and Kunal Sunil Hargude … Applicant versus State Of Maharashtra … Respondent Mr. Samay Pawar i/by Mr. Ashish S. Vernekar, for Applicants in ABA 3496 of 2022. Mr. Rahul S. Kadam, for Applicant in ABA 2821 of 2022. Mr. M.G.Patil, APP for State. Mr. Amol Anil Khatavkar, PSI Shikrapur Police Station present. CORAM: N.J.JAMADAR, J. DATE : 9 OCTOBER 2023 P.C. Heard the learned Counsel for the parties. ANTICIPATORY BAIL APPLICATION NO.2821 OF 2021 This is an application for pre-arrest bail in connection with C.R.No.803 of 2022 registered with Shikrapur Police Station for the offences punishable under Sections 120-B, 420, 465, 467, 471 of IPC. 3**.** The Applicant Kunal is the son of Applicant No.1 Sunil in ABA No.3496 of 2022. Applicant No.2 Ganesh is the brother of Applicant No.1 Sunil and uncle of Kunal. The first informant Sunil had lodged a report against Kunal with the allegations that his relations with his wife Dwarka have been strained. Dwarka and Kunal are residing separetely. Disputes arose over the ancestral properties. A civil suit is instituted by Kunal in the Court at Shirur. Namdev, the father of Sunil and Ganesh and grand-father of Kunal was bed-ridden. Namdev passed away on 14 April 2022. The first informant alleged that after the death of Namdev, it transpired that the applicant had obtained a Power of Attorney and Agreement for sale by setting up an imposter. On the basis of the said forged documents, the applicant also got executed the sale deed in his name. After realizing the fraud, the first informant lodged the report. ANTICIPATORY BAIL APPLICATION NO.3496 OF 2022 This is an application for pre-arrest bail in connection with C.R.No.1004 of 2022 registered with Shikrapur Police Station for the offences punishable under Sections 324, 341, 504, 506 read with Section 34 of IPC and Section 3 read with Section 25 of the Arms Act, 1959. Subsequently, Section 307 of the IPC came to be added. Kunal lodged a report with the allegations that on 9 November 2022 while he was passing from behind John Dear Factory on Talegaon Dhamdhere to Sanaswadi Road, a car intercepted him. Three persons alighted from the said car and they boarded the first informant's car. One of those persons was armed with a knife like sharp weapon. The first informant was assaulted on his right hand. One of the assailants pointed a pistol at the neck of the first informant and threatened to shoot him if he did not return the lands to his father and uncle. The assailants declared that they were sent by the applicants – Sunil and Ganesh. Initially this Court has granted interim protection in both the matters. The learned Counsel for the Applicant in ABA 2821 of 2022 submits that the applicants have amicably resolved the disputes and the applicant – Kunal has filed an application for quashing of the prosecution. The learned Counsel for the Applicants in ABA 3496 of 2022 also submits that in view of the settlement, those applicants are also in the process of filing an application for quashing the prosecution. Evidently, the genesis of the offences is in the dispute between the father and son over the ancestral properties. It appears that a suit was instituted by the applicant – Kunal during the lifetime of his grand-father. The allegations of forgery and using the forged documents for the purpose of cheating revolve around documents. At this length of time, the custodial interrogation of the applicants does not seem to be warranted. I am, therefore, inclined to exercise discretion in favour of the applicants. Hence, the following order : ORDER ABA NO.2821 OF 2022 (i) In the event of the arrest of the Applicant – Kunal Sunil Hargude in connection with C.R.No.803 of 2022 registered with Shikrapur Police Station, the Applicant be released on bail on furnishing a PR bond in the sum of Rs.30,000/- with one or two sureties in the like amount. (ii) The Applicant shall co-operate with the investigation and report to Shikrapur Police Station on 16th, 17th and 18 October 2023 in between 10.00 a.m. to 1.00 p.m. (iii) The Applicant shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant or any of the prosecution witnesses or any of the persons acquainted with the facts of the case. (iv) The Applicant shall produce all the original documents which are in his SSP 4/6 custody before the Investigating Officer. (v) The Applicant shall also submit his specimen handwriting and signature to the Investigating Officer. (vi) The Applicant shall regularly attend the proceedings before the jurisdictional Court. ABA NO.3496 OF 2022 (vii) In the event of the arrest of the applicants – Sunil Namdev Hargude and Ganesh Namdev Hargude in connection with C.R.No.1004 of 2022 registered with Shikrapur Police Station, they be released on bail on furnishing a PR bond in the sum of Rs.30,000/- each with one or two sureties in the like amount. (viii) The Applicants shall co-operate with the investigation and report to Shikrapur Police Station on 19th, 20th and 21st October 2023 in between 10.00 a.m. to 1.00 p.m. (ix) The Applicants shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant or any of the prosecution witnesses or any of the persons acquainted with the facts of the case. (x) The Applicants shall regularly attend the proceedings before the jurisdictional Court. (xi) The applications stand disposed. (xii) The Interim application also stands disposed. (xiii) It is clarified that these prima facie observations are confined to determine entitlement to pre-arrest bail only. ( N.J.JAMADAR, J. )
Respondent-1: State Of Maharashtra
Petitioner-1: Kunal Sunil Hargude
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 184 OF 2020 Jayesh Thokarshi Shah ….Applicant v/s. The State of Maharashtra ….Respondent **** Mr. S.S. Karmarkar i/by. Karmarkar & Associates, Advocate for the applicant. Ms. P.P. Shinde, APP for the State. PSI, Mr. Anil More, Mira Road Police Station present. CORAM : SANDEEP K. SHINDE, J. Thursday, 23 January, 2020. P.C. : At the request of the learned Counsel for the applicant, list as per the CMIS date. Interim relief is refused. (SANDEEP K. SHINDE, J.)
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 184 OF 2020 Jayesh Thokarshi Shah ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SANDEEP KASHINATH SHINDE, J DATE : 20th February, 2020 P.C. : Due to paucity of time the matter is adjourned to 18/03/2020 . In case any ad-interim/interim relief is operating till today, the said order will continue to operate till the next date. If ad-interim/interim relief is not granted for a limited period, the said order will remain unaffected. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 9: Diksha Rane IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 184/2020 JAYESH THOKARSHI SHAH ..APPLICANT VS. THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Vrindavan Patil i/b. Kamalakar & Asso. for the applicant. Smt. M.R. Tidke, APP for the respondent – State. ------------ C0RAM : M. S. KARNIK, J. DATE : OCTOBER 22, 2021 P.C. : At the request of learned APP, stand over to October 25, (M.S.KARNIK, J.)
Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 184 OF 2020 Jayesh Thokarshi Shah APPLICANT V/S The State Of Maharashtra RESPONDENT CORAM : HON'BLE SHRI JUSTICE M. S. KARNIK J DATE : 25th October, 2021 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 30/10/2021 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 13: PMB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.184 OF 2020 Jayesh Thokarshi Shah .. Applicant vs. The State of Maharashtra .. Respondent Mr. S.S. Karmarkar i/b M/s. Karmarkar and Associates for the Applicant. Mr. N.B. Patil, APP for the State. Mr. Sachin Kotmire, P.I., Mira Road Police Station. CORAM : M.S.KARNIK, J. DATE : NOVEMBER 26, 2021 P.C.:- At request of learned counsel for the applicant, stand over to 06.12.2021. (M.S. KARNIK, J.)
Order - Status 15: Diksha Rane IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 184 OF 2020 JAYESH THOKARSHI SHAH ..APPLICANT VS. THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. S.S. Karmarkar i/b. Karmarkar & Associates for applicant. Mr. N.B. Patil, APP for State. Mr. Sachin Kotmire, PI, Mira Road Police Station. ------------ CORAM : M. S. KARNIK, J. DATE : DECEMBER 6, 2021 P.C. : Stand over to 8th December, 2021 for passing orders. (M.S.KARNIK, J.)
Order - Status 19: Ingale FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 184 OF 2020 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.S. Karmarkar i/b Karmarkar & Associates, for the Applicant. Mr.N.B. Patil, APP for the respondent. CORAM : M.S.KARNIK, J. DATE : DECEMBER 8 2021 $$ Learned Counsel for the applicant has served some documents on the learned APP. He requests for time to go through the same. Stand over to 17/12/2021 at 5.00 p.m. (M.S.KARNIK, J.)
Order - Status 22: Diksha Rane IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 184/2020 JAYESH THOKARSHI SHAH ..APPLICANT VS. THE STATE OF MAHARASHTRA ..RESPONDENT ------------ None for the applicant. Smt. Veera Shinde, APP for the State. Mr. Sachin Kotmire, PI, Mira Road Police Station. C0RAM : M. S. KARNIK, J. DATE : DECEMBER 20, 2021 P.C. : None for the applicant. Only by way of an indulgence, list the application on 6/1/2022, at 5.00 p.m. (M.S.KARNIK, J.)
Order - Status 24: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 184 OF 2020 Jayesh Thokarshi Shah ....APPLICANT V/S The State Of Maharashtra ....RESPONDENT Mr.S.S.Karmarkar i/b M/s.KARMARKAR AND ASSOCIATES for Applicant. Smt.Veera Shinde - APP for State. CORAM : HON'BLE SHRI JUSTICE M. S. KARNIK J DATE : 14th February, 2022 P.C. : At the request of the learned APP, stand over to 17/02/2022 . Ad-interim/ Interim order, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 26: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 184 OF 2020 Jayesh Thokarshi Shah ....APPLICANT V/S The State Of Maharashtra ....RESPONDENT Mr.S.S.Karmarkar i/b. KARMARKAR AND ASSOCIATES for Applicant. Mr.A.R.Patil - APP for State. CORAM : HON'BLE SHRI JUSTICE M. S. KARNIK J DATE : 17th February, 2022 P.C. : S. O. to 18/02/2022 . ( FOR REGISTRAR JUDICIAL - I )
Order - Status 28: Diksha Rane IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION DIKSHA DINESH RANE Digitally signed by DIKSHA DINESH RANE Date: 2022.02.18 15:52:51 +0530 ANTICIPATORY BAIL APPLICATION NO. 184/2020 JAYESH THOKARSHI SHAH ..APPLICANT VS. THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Dr. Samarth S. Karmarkar a/w. Nilam Pawar, Mr. V. V. Patil i/ b. Kamalakar & Asso. for the applicant. Mrs. P. P. Shinde, APP for the respondent – State. Mr. Sachin Kotmire, PI, Mira Road Police Station. CORAM : M. S. KARNIK, J. DATE : FEBRUARY 18, 2022. P.C. : Heard learned counsel for the applicant and learned APP. Learned APP, on instructions, submits that earlier investigating officer is transferred and new investigating officer has taken over the investigation. My attention is invited to the order dated January 23, 2020 passed by this Court refusing interim relief. This Court had adjourned the matter as per the CMIS date at the request of learned counsel for the applicant. When the matter came up today, learned APP, on instructions of the investigating officer submitted that as the allegations pertain to the offences punishable under sections 420, 465, 467, 468, 471, 447, 323, 504, 506 of the Indian Penal Court, the investigating officer wants to investigate the crime on the basis of the documents which are in possession of the applicant. For the present, it is indicated that, if the applicant presents himself before the investigating officer with the documents required for the purpose of investigation, that would suffice. In this with of the matter, the following order is passed. ORDER In the event of the arrest of the applicant in C. R. No. 59/2019 of the Mira Road Police Station, the applicant shall be released on his executing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount. The applicant shall furnish his residential address and contact details to the investigating officer. The applicant shall not tamper with the witnesses or try to contact them. The applicant to attend the investigating officer on 21st, 22nd and 23rd, February, 2022, between 11.00 a.m. and 1.00 p.m. and thereafter, as and when necessary. Stand over to March 7, 2022. (M.S.KARNIK, J.)
Order - Status 30: Diksha Rane DIKSHA DINESH RANE Digitally signed by DIKSHA DINESH RANE Date: 2022.02.26 16:07:03 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 184 OF 2020 JAYESH THOKARSHI SHAH ..APPLICANT VS. THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Dr. Samarth S. Karmarkar a/w. Ms. Kalyani Virkar I.b, Karmarkar & Associates for the applicant. Smt. Veera Shinde, APP for the respondent – State. Mr. Sachin Kotmire, PI, Mira Road Police Station. ------------ CORAM : M. S. KARNIK, J. DATE : FEBRUARY 26, 2022. P.C. : Heard learned counsel for the applicant. This is an application for grant of pre-arrest bail in respect of C. R. No. 59/2019 registered with the Mira Road Police Station under sections 420, 465, 467, 471, 447, 323, 504, 506 of the Indian Penal Code. In brief, it is the prosecution case that the complainant lodged report at police station that the applicant (original accused no.1) along with accused no.2 executed Power of Attorney and sold out property situated at Mauje Goddeo, Old Survey no. 367, Hissa No. 02A/01, new Survey No.64/2/A/1, admeasuring 0.30.09 to accused no. 3. The accused no. 3 had prepared forged map of land and submitted to Mira Bhaindar Municipal Corporation and made encroachment on the land. On 19/6/2018, the accused had a scuffle with the complainant and his employee and abused them. The dispute is in respect of the land which the complainant claims to be lawfully in occupation of. It is the applicant's case that he was falsely implicated in this crime. According to him, Shri Renald Miranda, Nirmala Miranda, Bibiyan Mure, Reeta Toni Miranda, Linet Menzes, Nelson Mirandam, Tereza Mendosa, Brunadet Kado had executed Power of Attorney in favour of Jayesh Thakarshi Shah (applicant) who was a partner of the company on 25/6/1989. The applicant sold the property to M/s. V. P. Developers, partner Shri Vallabhadas G. Thakkar, Pankaj S. Shah on 10/8/1990. According to learned counsel for the applicant, since then, the applicant has no concern with the said property. On 18/2/2022, the following order came to be passed:- Heard learned counsel for the applicant and learned APP. Learned APP, on instructions, submits that earlier investigating officer is transferred and new investigating officer has taken over the investigation. My attention is invited to the order dated January 23, 2020 passed by this Court refusing interim relief. This Court had adjourned the matter as per the CMIS date at the request of learned counsel for the applicant. When the matter came up today, learned APP, on instructions of the investigating officer submitted that as the allegations pertain to the offences punishable under sections 420, 465, 467, 468, 471, 447, 323, 504, 506 of the Indian Penal Court, the investigating officer wants to investigate the crime on the basis of the documents which are in possession of the applicant. For the present, it is indicated that, if the applicant presents himself before the investigating officer with the documents required for the purpose of investigation, that would suffice. In this with of the matter, the following order is passed. ORDER In the event of the arrest of the applicant in C. R. No. 59/2019 of the Mira Road Police Station, the applicant shall be released on his executing PR bond in the sum of Rs.25,000/ with one or more sureties in the like amount. The applicant shall furnish his residential address and contact details to the investigating officer. The applicant shall not tamper with the witnesses or try to contact them. The applicant to attend the investigating officer on 21st, 22nd and 23rd, February, 2022, between 11.00 a.m. and 1.00 p.m. and thereafter, as and when necessary. Stand over to March 7, 2022." Learned APP, on instructions from the investigating officer who is present in the Court, submits that the applicant co-operated with the investigation and submitted all the original documents which investigating officer needed for the purpose of investigation. The alleged offence is mainly based on documentary evidence. The investigating officer submits that the documents produced are sufficient for the purpose of investigation. As the custodial interrogation of the applicant is not required, the application deserves to be allowed in the following terms: - ORDER i. In the event of the arrest of the applicant in connection with C. R. No. 59/2019 of the Mira Road Police Station, the applicant shall be released on his executing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount. ii. The applicant shall furnish his residential address and contact details to the investigating officer. iii. The applicant shall not tamper with the witnesses or try to contact them. iv. The applicant shall report to the investigating officer as and when called. v. The application stands disposed of. (M.S.KARNIK, J.)
Respondent-1: The State Of Maharashtra
Petitioner-1: Jayesh Thokarshi Shah
Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.703 OF 2014 Sheikh Mahmud Aalam ... Applicant Vs. The State of Maharashtra ... Respondent Ms.Anjali Awasthi for the Applicant Mr.Y.M. Nakhawa APP, for Respondent – State CORAM: MRS.MRIDULA BHATKAR, J. DATE: JUNE 10, 2014 P.C.: The application is moved for transit anticipatory bail as the applicant/accused is prosecuted for the offences punishable under sections 302 and 120B of the Indian Penal Code as the offence is registered at C.R. No.2 of 2014. The learned Counsel for the applicant/accused has submitted that the applicant/accused is not aware of the prosecution as he is a permanent resident of Mumbai. When the proceedings have been initiated under section 82 of the Criminal Procedure Code by the concerned Court, his father came to know about the involvement of the accused in the said crime and, therefore, he was informed accordingly. The Learned Counsel has submitted that if the applicant/accused is protected temporarily for eight days, he would go before the appropriate Court and obtain anticipatory bail. He submitted that the applicant/accused is falsely implicated. Learned Prosecutor opposes the application. He has pointed out that the FIR is registered on 3.1.2014 at Shahganj police station, District Jaunpur in Uttar Pradesh. The name of the applicant/accused is appearing in the FIR. He submitted that it is a case of murder and hence, no anticipatory bail should be granted. In view of the submissions of the learned Counsel and the complaint, I am not inclined to grant transit anticipatory bail to the applicant/accused. The applicant/accused to take proper recourse before the appropriate forum. Anticipatory Bail Application is rejected accordingly. (MRS.MRIDULA BHATKAR, J.)
Respondent-1: The State Of Maharashtra
Petitioner-1: Sheikh Mahmud Aalam
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1205 OF 2019 Uday Manohar Sule .... Applicant versus The State of Maharashtra .... Respondent ….... Mr.S.V. Marwadi i/b. N.M. Nadar, Advocate for Applicant. Mr.Anilkumar Patil, APP for the State/Respondent. CORAM : SARANG V. KOTWAL, J. DATE : 06th JUNE, 2019 P.C. : Learned Counsel for the Applicant on instructions of the daughter of the Applicant, who is present in the Court, prays for withdrawal of this Application. Liberty as prayed for is granted. The Application is allowed to be withdrawn and is disposed of accordingly. (SARANG V. KOTWAL, J.)
Respondent-1: The State Of Maharashtra
Petitioner-1: Uday Manohar Sule
Order - Status 5: Ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION No. 873 of 2017 Aditya Dilip Bagwe .. Applicant. Vs The State of Maharashtra .. Respondent. Mr. H.P. Ingle I/by Mr. Prashant Goyal Advocate for the applicant. Mr. S.R. Agarkar, APP for the State. CORAM : C.V. BHADANG, J. DATE : 15th May, 2017. (VACATION JUDGE) P.C. The applicant is apprehending arrest in connection with investigation of Crime No. 8 of 2017 registered with Meghwadi Police Station, Jogeshwari (East), Mumbai under Section 406, 420 of IPC. On hearing the learned counsel for the applicant and the learned APP, it appears that earlier there was First Information Report (FIR) lodged by Abhishek Rai on 6th November, 2016 bearing Crime No. 288 of 2016 registered with Police Station, Vanrai, Mumbai on similar allegations in which the applicant had approached this Court by filing ABA No. 288 of 2017. This Court on 5th May, 2017 has granted interim protection to the applicant on certain conditions. A perusal of the First Information Report in the present case would show that the allegations by and large are similar. The FIR was lodged by Mr. Rohit Sonik. The applicant is alleged to have committed misappropriation and breach of trust in respect of mobile handsets worth Rs.2,01,666/-. Considering the fact that in respect of similar allegations this Court had granted interim protection, the following order is passed: (i) By way of an interim relief, it is directed that in the event of arrest in connection with investigation of Crime No. 8 of 2017, Meghwadi Police Station, the applicant shall be released on bail on executing a P.R. bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount; (ii) The applicant shall attend the Investigating Officer on Monday and Friday between 10:00 a.m. and 1:00 p.m. and as and when required by the Investigating Officer; and (iii) The applicant shall co-operate with the Investigating Agency and shall not tamper or influence the prosecution witnesses. Stand over to 8th June, 2017. (C.V. BHADANG,J)
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.873/2017 Aditya Dilip Bagwe Applicant vs State of Maharashtra Respondent Mr.Hemant Ingle i.b Mr.Prashant Goyal for Applicant Mr.A.R.Kapadnis APP for State CORAM : PRAKASH D.NAIK, J. DATE : 8 JUNE 2017 P.C. By an order dated 15.5.2017 interim protection was granted to the Applicant. The Applicant was directed to attend the police station. The Advocate for the Applicant submitted that he has complied with the said directions. The learned APP submitted that the Investigating Officer is not present and he would like to take instructions in the matter. In view of the said circumstances, stand over to 28.6.2017. Ad interim order granted earlier to continue till then. (PRAKASH D.NAIK, J)
Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 …... …... Aditya Dilip Bagwe .. Applicant Vs. The State of Maharashtra .. Respondent Mr.Prashant Goyel, Advocate for the Applicant. Mr.A.R.Kapadnis, APP for the Respondent – State. P.I. More, Meghwadi Police Station, present. CORAM : PRAKASH D. NAIK, J. DATED : JUNE 28, 2017. P.C. : The applicant was granted interim protection vide order dated 15th May, 2017. There was a condition to attend the investigating officer on Monday and Friday. Learned APP on instructions submits that the applicant has not complied with the condition of reporting. It is further submitted that the applicant has given false address and he was not traceable at the given address. Learned advocate for the applicant seeks time to take instruction. Hence, stand over to 7th July, 2017. 2 Interim relief granted earlier to continue till then. ( PRAKASH D. NAIK, J.)
Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 Aditya Dilip Bagwe .. Applicant Vs. The State of Maharashtra .. Respondent …... Mr.Prashant Goyal, Advocate for the Applicant. Mr.A.R. Kapadnis, APP for the Respondent – State. CORAM : PRAKASH D. NAIK, J. DATED : JULY 25, 2017. …... P.C. : Stand over to 7th August, 2017. 2 This matter to be heard along with Anticipatory Bail Application No.288 of 2017. 3 Interim relief granted earlier to continue till then. 4 The applicant shall attend Meghwadi Police Station, Jogeshwari (East), Mumbai, on Saturday 29th July, 2017 between 11:00 a.m. to 2:00 p.m. ( PRAKASH D. NAIK, J.)
Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 288 OF 2017 Aditya Dilip Bagwe ...Applicant Versus State of Maharashtra ...Respondent WITH CRIMINAL APPLICATION NO. 670 OF 2017 IN ANTICIPATORY BAIL APPLICATION NO. 288 OF 2017 Ahishek Rai ...Intervener IN THE MATTER BETWEEN : Aditya Dilip Bagwe ...Applicant Versus State of Maharashtra ...Respondent Mr. Prashant Goyal for the Applicant Mr. Ajay Patil, A.P.P for the Respondent-State Mr. S. C. Singh for the Intervener CORAM : REVATI MOHITE DERE, J. MONDAY, 7th AUGUST, 2017 P.C. : Learned Counsel for the applicant to furnish a copy of the application being Criminal Application No. 288 of 2017 on the learned Counsel for the intervener on or before 11th August, 2017. Stand over to 16th August, 2017. Interim protection to continue till the next date. REVATI MOHITE DERE, J.
Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 873 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. REVATI MOHITE DERE, J DATE : 18th August, 2017 P.C. : Due to paucity of time stand over to 07/09/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 18: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 873 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent WITH CR. ANTICIPATORY BAIL APPLN. NO. 288 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. REVATI MOHITE DERE, J DATE : 7th September, 2017 P.C. : Due to paucity of time stand over to 25/09/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 20: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 873 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent WITH CR. ANTICIPATORY BAIL APPLN. NO. 288 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. REVATI MOHITE DERE, J DATE : 25th September, 2017 P.C. : Due to paucity of time stand over to 12/10/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 22: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 288 OF 2017 Aditya Dilip Bagwe …Applicant Versus The State of Maharashtra …Respondent WITH CRIMINAL APPLICTION NO.670 OF 2017 IN ANTICIPATORY BAIL APPLICATION NO. 288 OF 2017 Abhishek Rai Intervener. In the matter between Aditya Dilip Bagwe Applicant Versus The State of Maharashtra and Anr. Respondents Mr. Shrinivas Singh i/b S.I.Singh for Intervener Mr.Hemant Ingale i/b Prashant Goyal for the applicant Ms.P.P.Shinde, APP for the State CORAM: A.M. BADAR, J. DATED: 12th OCTOBER, 2017 PC: Mr. Shrinivas Singh appears for the Intervener. At the request of the parties stand over to 16th November 2017. In the meanwhile interim order to continue. (A.M. BADAR, J )
Order - Status 24: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 873 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent WITH CR. ANTICIPATORY BAIL APPLN. NO. 288 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : A.M. BADAR, J DATE : 16th November, 2017 P.C. : Due to paucity of time the matter is adjourned to 11/12/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 26: Dond IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 288 OF 2017 WITH APPP NO. 670 OF 2017 Aditya Dilip Bagwe … Applicant V/s. The State of Maharashtra . … Respondent Mr. Hemant Ingle i/b Prashant Goyal for Applicant. Mr. Ameet Palkar, APP for State. Mr. Nitin Dalvi for Intervener. CORAM : A.S.GADKARI, J. DATE : 16th JANUARY 2018. P.C.: 1] At the request of learned Counsel for the applicant, stand over to 23rd January 2018. Interim relief to continue till then. (A.S.GADKARI, J.)
Order - Status 29: Nalawade IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPEALLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 288 OF 2017 WITH CRIMINAL APPLICATION NO.670 OF 2017 Aditya Dilip Bagwe ..Applicant. vs. State of Maharashtra ..Respondent. Mr. Sugat i/by Prashant Goyal for the Applicant in ABA No.873/2017 and ABA No.288/2017. Mr.Nitin Dalvi i/by Shweta Singh for the Applicant in APPP No.670/2017. Mr. Ameet Palkar, APP. for the State. CORAM: A.S.GADKARI, J. DATE : 6th February, 2018. P.C. The learned counsel for the applicant submitted that the Advocate on record is not keeping well and is unable to attend the Court today. At his request, S.O. to 20.2.2018. Interim relief to continue till then. (A.S.GADKARI, J.)
Order - Status 31: Dond IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 288 OF 2017 Aditya Dilip Bagwe ..Applicant Vs The State of Maharashtra .. Respondent Mr. T.N. Khandare i/b Prashant Goyal for Applicant. Mr. Ameet Palkar, APP for State. Mr. Nitin Dalvi for Original Complainant. CORAM : A.S.GADKARI, J. DATE : 20th FEBRUARY 2018. P.C.: 1] Applicant is directed to attend the Investigating Officer from 22nd February 2018 to 25th February 2018 between 10.00 a.m to 2.00 p.m and to join in the process of investigation. 2] Stand over to 1st March 2018. Interim relief to continue till then. (A.S.GADKARI, J.) 1/1
Order - Status 32: Dond IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 288 OF 2017 Aditya Dilip Bagwe ..Applicant Vs The State of Maharashtra .. Respondent Mr. T.N. Khandare i/b Prashant Goyal for Applicant. Mr. Ameet Palkar, APP for State. Mr. Nitin Dalvi for Original Complainant. CORAM : A.S.GADKARI, J. DATE : 20th FEBRUARY 2018. P.C.: 1] Applicant is directed to attend the Investigating Officer from 22nd February 2018 to 25th February 2018 between 10.00 a.m to 2.00 p.m and to join in the process of investigation. 2] Stand over to 1st March 2018. Interim relief to continue till then. (A.S.GADKARI, J.) 1/1
Order - Status 34: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 873 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent WITH CR. ANTICIPATORY BAIL APPLN. NO. 288 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. REVATI MOHITE DERE, J DATE : 23rd March, 2018 P.C. : Due to paucity of time the matter is adjourned to 02/04/2018. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 36: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 873 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent WITH CR. ANTICIPATORY BAIL APPLN. NO. 288 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. REVATI MOHITE DERE, J DATE : 2nd April, 2018 P.C. : Due to paucity of time the matter is adjourned to 17/04/2018. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 38: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 873 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent WITH CR. ANTICIPATORY BAIL APPLN. NO. 288 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. REVATI MOHITE DERE, J DATE : 17th April, 2018 P.C. : Due to paucity of time the matter is adjourned to 26/04/2018. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 40: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 873 OF 2017 Aditya Dilip Bagwe ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. REVATI MOHITE DERE, J DATE : 26th April, 2018 P.C. : Due to paucity of time the matter is adjourned to 06/06/2018. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 42: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 WITH ANTICIPATORY BAIL APPLICATION NO. 288 OF 2017 Aditya Dilip Bagwe ….Applicant. Vs. State of Maharashtra ….Respondent. Mr. Sugat Ingale i/by Hemant Ingale for the Applicant. Mr. Ameet Palkar APP, for the RespondentState. Mr. Nitin Dalvi for the intervenor. CORAM : A. S. GADKARI, J. DATE : 25th JUNE, 2018. P.C.: It is submitted that the Advocate on record is in personal difficulty and is unable to attend the Court today. 2 At the request of the learned counsel, stand over to 11th July, 2018 for hearing. (A.S. GADKARI, J.)
Order - Status 46: Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 873 OF 2017 Aditya Dilip Bagve Applicant Versus The State of Maharashtra …Respondent Mr. Prashant Goyal, for the Applicant. Mr. Ameet Palkar, APP for the State/Respondent. CORAM: A. S. GADKARI, J DATED: 11th JULY, 2018 PC: 1. By an order dated dated 15th May, 2017, the applicant was granted interim relief. Heard the learned Counsel for the applicant and the learned APP. Perused the record of investigation. The first information report is lodged by Mr. Rohit Sonik on 7th January, 2017. 2. It is the precise prosecution case against the applicant that, the applicant after gaining confidence of the first informant, took delivery of handsets/mobile phones of Vivo company amounting to Rs.2,01,666/ for sale and thereafter neither returned the said handsets nor paid the 1/3 4-ABA873-17.DOC consideration for the same. That the applicant thereafter did not contact to the first informant. 3. The learned Counsel for the applicant submitted that this is pure and simple civil transaction. He submitted that the applicant has already repaid the amount to the first informant. He submitted that Mr. Rajesh Singh, the partner of Abhishek Rai had been to his shop for collecting the cash towards sale of mobile phones and as the applicant was unable to repay the amount to Mr. Rajesh Singh, he took away all the mobile phones, which were kept for display in the shop. He further submitted that the applicant did not have the said mobile phones as the same have been forcibly taken away by Mr. Rajesh Singh and therefore the applicant could not return the said handsets to the first informant. He, therefore, prayed that the applicant may be granted the prearrest bail. 4. The record of investigation indicates that apart from the first informant herein, there are other five other victims in the present crime, who have been cheated by the applicant by adopting similar modus operendi to the tune of 2/3 approximately Rs.21,07,000/ (Rs. Twenty one lakhs seven thousand only). This Court by an order dated 11th July, 2018 has rejected Anticipatory Bail Application No. 288 of 2017 preferred by the applicant in CR No.288 of 2016 registered with Vanrai police station, Mumbai wherein also similar modus operendi was adopted by the applicant. 5. After taking into consideration the aforesaid facts, the serious allegations against the applicant and the gravity of the offence, this Court is of the considered view that the applicant does not deserve to be protected by prearrest bail. 6. The application is accordingly rejected. [A. S. GADKARI, J.] Santosh Subhash Kulkarni Digitally signed by Santosh Subhash Kulkarni Date: 2018.07.16 11:16:06 +0530
Respondent-1: The State Of Maharashtra
Petitioner-1: Aditya Dilip Bagwe
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 1 OF 2018 Vijay Ramdas Nikam And Ors ....Applicant V/S The State Of Maharashtra ....Respondent Mr.Balkrishna D Joshi For Applicant Mrs.P.P. Shinde - APP for State CORAM : SMT. S.S. JADHAV, J DATE : 5th January, 2018 P.C. : Learned APP waives service and seeks time to take instructions. Time as prayed for is granted. Stand over to 10/01/2018. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 1 OF 2018 Vijay Ramdas Nikam And Ors ....Applicant V/S The State Of Maharashtra ....Respondent Mr.Balkrishna D Joshi For Applicant Ms.Veera Shinde - APP for State CORAM : SMT. S.S. JADHAV, J DATE : 10th January, 2018 P.C. : Stand over to 29/01/2018. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 01 OF 2018 Shri Vijay Ramdas Nikam & Ors. Applicants Versus The State of Maharashtra Respondent Mr.Virendra Pethe i/b Mr. Balkrishna D. Joshi, for the applicant. Mr. S.R.Agarkar,APP, for the State. CORAM : SMT. SADHANA S.JADHAV, J. DATE : 22nd January, 2018. P.C. : It is submitted that the applicant No.2 has been detected with malignant tumor. The report of Tata Memorial Centre dated 4.1.2018 indicates that the liver lesio biopsy was taken. Biopsy shows high grade malignant tumor. The learned counsel for the applicant submits that he would give the photocopies of the report to the learned APP during the course of the day. The learned APP to take instructions to that effect. The matter to be listed on 29.1.2018. (SMT. SADHANA S.JADHAV, J.)
Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 1 OF 2018 Vijay Ramdas Nikam And Ors ....Applicant V/S The State Of Maharashtra ....Respondent Mr.Balkrishna Joshi for Applicant Ms.Veera Shinde - APP for State CORAM : SMT. S.S. JADHAV, J DATE : 29th January, 2018 P.C. : Stand over to 07/02/2018. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 1 OF 2018 Vijay Ramdas Nikam And Ors ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. S.S. JADHAV, J DATE : 7th February, 2018 P.C. : Due to paucity of time the matter is adjourned. Stand over to 12/02/2018. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 1 OF 2018 Vijay Ramdas Nikam And Ors ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. S.S. JADHAV, J DATE : 12th February, 2018 P.C. : Due to paucity of time the matter is adjourned. Stand over to 27/02/2018. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 1 OF 2018 Vijay Ramdas Nikam And Ors ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : P.N. DESHMUKH, J DATE : 27th February, 2018 P.C. : Due to paucity of time the matter is adjourned for 05/03/2018. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 19: Sarnobat IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 01 OF 2018 Shri Vijay Ramdas Nikam & Ors.... Applicants.Vs.... Respondent. WITH ANTICIPATORY BAIL APPLICATION NO. 03 OF 2018. Vijay Pundalik Patil. Vs. The State of Maharashtra. .. Applicant. .. Respondent. Mr. Balkrishna D. Joshi for the Applicants in ABA No. 01/18. Mr. Anoop U. Patil, for the Applicant in ABA No. 03/18. Ms. Veera Shinde, APP for the Respondent/State. $frac{text{CORAM}}{text{DATE}} : underline{P. N. DESHMUKH, J.}$ P. C. : Learned Additional Public Prosecutor submits that as per telephonic instructions, applicant No. 1 is arrested on 1 st March, 2018. Learned counsel for applicants is not aware of the said fact. Learned counsel for applicant No. 3 submits that applicant has provided his bank accounts with the Investigating Officer and that applicant No. 2 is not arrested in view of oral directions of this Court being a Cancer patient. This statement is also made by Additional (13(14)ABA118 ABA318 Public Prosecutor. Learned counsel for the applicant in ABA No. 03/2018 submits that as per oral directions of this Court, applicant has submitted his accounts and that his bank accounts are freezed and therefore, submits that applicant be protected by interim protection. Learned Additional Public Prosecutor seeks time for want of instructions as I.O. is not present. Record reveals that notice is issued to Respondent on 5th January, 2018 and time was granted to file affidavit in reply which was further extended on 10th January, 2018 and 29th January, 2018 and thereafter on three occasions, application came to be adjourned for want of time. In these circumstances, as further time is granted to file affidavit in reply, following order is passed. ORDER (i) In the event of arrest of applicant Nos. 1 and 3 in ABA No.01/2018 and applicant in ABA No. 03/2018, in Crime No. 396/2017 registered with Sarkarwada Police Station, Nasik, they shall be released on bail on their executing P.R. bond in the sum of Rs.50,000/- each with one surety in the like amount. (ii) The above applicants shall attend Investigating Officer for a period of one week from 8th March, 2018. 2/3 (13(14)ABA118 ABA318 (iii) ABA No. 03/2018 be heard along with this application. (iv) Stand over to 19th March, 2018. [ P. N. DESHMUKH , J.]
Order - Status 21: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION No. 1 OF 2018 Vijay Ramdas Nikam & Ors. … Applicants Vs. The State of Maharashtra … Respondent WITH ANTICIPATORY BAIL APPLICATION No. 3 OF 2018 Vijay Pundalik Patil … Applicants Vs. The State of Maharashtra … Respondent *** Mr. Virendra Pethe i/b Balkrishna D. Joshi, for the Applicants in ABA. 1/2018. Mr. Anoop Patil, for Applicant in ABA. 3/2018. *** Ms. Veera Shinde, APP for the Respondent – State. CORAM : P. N. DESHMUKH, J. DATE : MARCH 19, 2018 PC :- . Learned counsel for Applicants submits that Applicant / accused No.1 in ABA No. 1/2018 was arrested on 1st March, 2018. Learned counsel further submits that Applicant No. 3 for want of knowledge of order dated 5th March, 2018 since not communicated by his counsel has not attended investigating officer for a period of one week from 8th March, 2018. None appears for Applicant No. 1 in ABA. No. 3/2018. Applicant No. 3 in ABA. No. 1/2018 to attend Investigating Officer for a period of one week and shall co-operate with the investigation. S. O. to 2nd April, 2018. Interim order to continue till next date.
Order - Status 23: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTI.BAIL APPLICATION NO.01 OF 2018 Vijay Ramdas Nikam 2. Anil Navnath Shinde 3. Sarangdhar Yadav Pansare .. Applicants Vs. State of Maharashtra ... Respondent with ANTI.BAIL APPLICATION NO.03 OF 2018 Vijay Pundalik Patil .. Applicant vs 1. State of Maharasjtra 2.The Sarkarwada Police Stn. Dist Nasik .. Respondents Nr.Balkrishna D.Joshi for Applicants in ABA NO.01/2018 Mr.Anoop U.Patil for Applicant in ABA No.3/2018 Mr.Sandeep Barve for Intervener Ms.Veera Shinde Addl.Public Prosecutor for State CORAM : P. N.DESHMUKH,, J. DATE : 2ND APRIL, 2018. P.C.: Learned counsel Mr.Sandeep Barve submits that he be granted one week's time to file an application to intervene in this application. In that view of the matter, stand over to 11.4.2018. Interim orders to continue till the adjourned date. (P.N.DESHMUKH, J.) rng
Order - Status 27: Sarnobat IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAL APPLICATION NO. 01 OF 2018 WITH CRIMINAL APPLICATION NO. 430 OF 2018 Vijay Ramdas Nikam & Ors. Applicants. Vs. The State of Maharashtra. Respondent. Mr. Virendra Pethe i/by Mr. Balkrishna D. Joshi, for the Applicants. Mr. Veera Shinde, APP for the Respondent. CORAM : P. N. DESHMUKH, J. DATE : 11th APRIL, 2018. P. C. : Learned counsel for applicant submits that applicant No.1 Vijay Ramdas Nikam is already arrested and as such submits that application be allowed to be withdrawn against him as same is rendered infructuous and further contended that applicant No. 2-Anil Navnath Shinde has expired as he was suffering from Cancer. Learned APP on instructions from investigating officer confirms the same. Learned counsel submits that applicant No. 3-Sarangdhar Yadav Pansare do not want to prosecute this application and on his instruction seeks leave to withdraw the said application. In view of submissions advanced as aforesaid, application of applicant Nos. 1 and 2 stand disposed of, as application filed by applicant No.1 is rendered infructuous, since arrested, and applicant No. 2 is dead. Application of applicant No. 3 is allowed to be withdrawn as prayed for and as such stands dismissed. Anticipatory bail application is accordingly disposed of. In view of above, application No. 430/2018 for intervention is become infructuous and accordingly disposed of. [ P. N. DESHMUKH , J.]
Respondent-1: The State Of Maharashtra
Petitioner-1: Vijay Ramdas Nikam
Petitioner-2: Ors
Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 1462 OF 2022 Sunil Bherulal Joshi APPLICANT V/S State Of Maharashtra RESPONDENT Adv. Lalita L. Rajguru for Applicant Shri. A. A. Palkar, APP for State CORAM : HON'BLE SMT. JUSTICE BHARATI DANGRE J DATE : 6th June, 2022 P.C. : At the request of learned counsel for the Applicant , stand over to 13/06/2022 . ( FOR REGISTRAR JUDICIAL - I )
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1462 OF 2022 Sunil Bherulal Joshi ] ... Applicant Vs. The State of Maharashtra ] ... Respondent … … Mr. Alankar Kirpekar i/b Ms. Lalita Rajguru for the applicant. Mr. A.A. Palkar, A.P.P. for the State. CORAM : SMT. BHARATI DANGRE, J. DATED : 13TH JUNE, 2022. P.C.:- The applicant is arraigned as accused No.1 in C.R. No.213 of 2022 registered with Naya Nagar Police Station invoking Sections 498A, 376 and 384 of the IPC. On the basis of the complaint, the applicant, mother in law, father in law and sister in law were arraigned as accused. The complaint lodged on 26/03/2022 narrates that the complainant was married to the applicant on 04/12/2017 and when she started cohabiting in the matrimonial house, she was subjected to harassment. It is stated that on 16/08/2020, she was driven out of the house and she went to her parental house. Thereafter, on 02/03/2021, the matter was reconciled between the husband and the wife and, she again started residing with the applicant in their house located at Mira Road, Thane, but her allegation is that the harassment continued. She states that she was harassed by her mother-in-law, father-in-law and sister-inlaw, who used to trouble her by insulting her. As far as father-in-law is concerned, serious allegations are leveled against him, seeking sexual favours and indulging in forcible sexual intercourse, due to which Section 376 of the IPC came to invoked against him. The father in law was granted protection from arrest by me by order dated 07/06/2022 in Anticipatory Bail Application No.1484 of 2022. Perusal of the accusation leveled against the applicant, justifying invocation of Section 498A of the IPC falls short of harassment and cruelty, contemplated under Section 498A of the IPC. The marriage was solemnized in the year 2017, but the FIR was registered after four years and when the FIR is perused the allegations are vague in nature and bereft of any particular material, barring that she was driven out from the matrimonial house. In the wake of the above, the applicant deserves an interim AJN protection subject to the stipulation that he shall render cooperation to the Investigating Officer. Hence the following order: ORDER (a) In the event of arrest, the applicant Sunil Bherulal Joshi shall be temporarily released on bail in C.R. No.213 of 2022 registered with Naya Nagar Police Station, District Thane, on executing P.R. bond to the extent of Rs.25,000**/** and furnishing one or two sureties of the like amount. (b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case and shall not tamper with prosecution evidence. List the application along with Anticipatory Bail Application No.1484 of 2022 on 11/07/2022. All parties are directed to act on the downloaded copy of the order supplied by the Advocate under his seal and signature. [SMT. BHARATI DANGRE, J.]
Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1484 OF 2022 Bherulal Govind Joshi ...Applicant vs. The State of Maharashtra ...Respondent WITH ANTICIPATORY BAIL APPLICATION NO.1462 OF 2022 Sunil Bherulal Joshi ...Applicant vs. The State of Maharashtra ...Respondent Mr. Alankar Kirpekar a/w. Ms. Lalita Rajguru, Mr. Piyush Tiwari i/b. Lalita Rajguru, for the Applicant Mr. S.H. Yadav, APP, for the Respondent/State. Mr. Vinayak Jadhav, API, Naya Nagar police station. CORAM : N. J. JAMADAR, J. DATE : OCTOBER 26, 2023 P.C.: Heard the learned counsel for the applicant and the learned APP for the State. This application is preferred seeking pre-arrest bail in connection with C.R. No. 213 of 2023 registered at Naya Nagar police station for the offences punishable under sections 376 and 498-A and 384 of Indian penal Code, 1860. The applicant in ABA No. 1484 of 2022 is the father in law of the first informant. The applicant in ABA No. 1462 of 2022 is her husband. In ABA No. 1484 of 2022, by an order dated 7th June, 2022 this Court was persuaded to grant interim protection ascribing reasons. The applicant in ABA No. 1462 of 2022 was also granted interim protection by an order dated 13th June, 2022. Both the applicants have attended the police station and cooperated with the investigation. So far as the applicant in ABA No. 1484 of 2022, the allegations are of illtreatment and sexual assault. While granting interim bail, this Court had adverted to the aspects of delay and the element of probability. Those reasons also weigh with the Court, in making the order of interim bail absolute. So far as the applicant in ABA No. 1462 of 2022 the allegations are primarily of matrimonial cruelty. I am, therefore, inclined to make the order of interim bail absolute qua Sunil Joshi as well. The order of interim bail dated 7th June, 2022 qua the applicant Bherulal Joshi (ABA No. 1484 of 2022) is made absolute on the terms and conditions incorporated therein. The order of temporary bail dated 13th June, 2022 qua the applicant Sunil Joshi (ABA No. 1462 of 2022) is made absolute on the terms and conditions incorporated therein. The applicants henceforth shall appear before the investigating officer as and when directed. The applicants shall not tamper with the prosecution evidence and give threat or inducement to first informant, any of the prosecution witnesses or any person acquainted with the facts of the case. The applicants shall regularly attend the proceedings before the jurisdictional Court. It is clarified that these prima facie observations are confined to determine entitlement to pre-arrest bail only. Applications disposed. (N. J. JAMADAR, J.)
Respondent-1: State Of Maharashtra
Petitioner-1: Sunil Bherulal Joshi
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1647 OF 2021 Ashok Gena Sarwade .. Applicant Versus The State of Maharashtra .. Respondent … … Mr.Vikrant V. Phatate for the Applicant. Mr.A.R.Kapadnis, APP for the State. CORAM: BHARATI DANGRE, J. DATED : 17th JULY, 2021 P.C:- On showing disinclination to grant the relief as prayed for, learned counsel appearing for the applicant, on instructions, seeks leave to withdraw the application. Leave granted. Application stands dismissed as withdrawn. SMT. BHARATI DANGRE, J M.M.Salgaonkar
Respondent-1: The State Of Maharashtra
Petitioner-1: Ashok Gena Sarwade
Order - Status 5: : 1 : 9.ABA-1461-21.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1461 OF 2021 Bharat Bajirao Pawar ….. Applicant Versus The State of Maharashtra .... Respondent Mr. Kedar Patil, Advocate for the Applicant. Smt. A.A. Takalkar, APP for the Respondent-State. CORAM :SARANG V. KOTWAL, J. DATE : 25th JUNE, 2021 [Through Video Conferencing] P.C. : Learned counsel for the applicant states that the applicant in this application is already arrested and, therefore, this application has become infructuous. Considering this statement, the application is disposed of as having rendered infructuous. (SARANG V. KOTWAL, J.) Deshmane (PS)
Respondent-1: The State Of Maharashtra
Petitioner-1: Bharat Bajirao Pawar
Order - Status 4: CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1510 OF 2023 … … Ashish Satish Nikam ....Applicant V/S State of Maharashtra ....Respondent Mr. Satyawrat Joshi i/b Mr. Ashish S. Vernekar for the Applicant. Mr. R.M. Pethe, APP for Respondent-State. Mangini Tukaram Malyalkar, ASI, Vita Police Station present in Court. CORAM : SANDEEP V. MARNE, J. DATE : 23rd MAY 2023. (VACATION COURT) P.C.: At the request of learned Counsel for the Applicant, stand over to 7 th June 2023. (SANDEEP V. MARNE, J.)
Order - Status 7: SA Pathan IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1510 OF 2023 Ashish Satish Nikam … Applicant V/s. The State of Maharashtra … Respondent Mr. Satyavrat Joshi i/by Mr. Ashish S. Vernekar, for the Applicant. Mr. Veera Shinde, APP for the State-Respondent. Mr.Dilip Shinde, for Intervener (Original Complainant). CORAM : AMIT BORKAR, J. DATED : JUNE 7, 2023 P.C.: This is an Application under Section 438 of the Code of Criminal Procedure, 1973, seeking pre arrest bail in connection with C.R. No.229 of 2023 registered with Vita police station, Sangali for offences punishable under Sections 143, 147, 148, 149, 324, 323, 327 of the Indian Penal Code. According to prosecution case, one Satish Sambhaji Nikam is the father-in-law of the informant who executed will deed of his property in the name of the wife of the informant and her younger brother. For this reason Applicant took grudge against the informant. On 24th April, 2023, when the informant had taken with him the gold ornaments from his shop, Satish Nikam along with Yash Nikam came there and asked the informant to accompany them to Vita in four wheeler vehicle. At about 3:00 pm when they reached Karve, Satish Nikam stopped his vehicle near the construction site of Dhaba of Applicant. There was discussion amongst them. During discussion, accused No.3 started assaulting informant. The Applicant assaulted informant. The other co-accused caused grievous injury to the informant. The informant, therefore, filed report with the respondent No.1-police station. Apprehending arrest, the Applicant filed Application under Section 438 of Cr.P.C. which is rejected by the order dated 11th May, 2023. Aggrieved thereby, the Applicant has filed the present Application. The learned Advocate for the Applicant submitted that he has been falsely implicated. Even as per the case of prosecution, the injuries attributed to the Applicant are simple in nature. There are no criminal antecedents. The Applicant is ready to co-operate with investigation and his custodial interrogation is not necessary. Per contra, learned APP and the Advocate for the informant submitted that considering seriousness of offences alleges against the Applicant, and nature of allegations, the custodial interrogation is necessary. It is also necessary to recover missing ornaments as alleged in the report. It is also necessary to investigate about the unknown person referred in the report. Having considered the submissions and the case diary produced by learned APP, it appears that injuries attributed to the Applicant are simple in nature. Prima facie there is dispute between the parties over immovable property. Considering the nature of injuries and the nature of allegations against the Applicant of assault, custodial interrogation of the Applicant is not required. Hence, following order: a) In the event of arrest of Applicants in connection with C.R. No.229 of 2023 registered with registered with Vita police station, Sangali for offences punishable under Sections 143, 147, 148, 149, 324, 323, 327 of the Indian Penal Code, the Applicant shall be released on bail on furnishing P.R. bond of Rs.25,000/- (Rs. Twenty Five Thousand only) along with one or two sureties in the like amount. b) The applicant shall remain present before the concerned police station on 12th, 14th and 16th June, 2023 between 11:00 am to 1:00 pm. c) The Applicant shall cooperate with the investigation and make himself available for interrogation whenever is required. d) The applicants shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. e) The Applicant at the time of execution of bond furnish his address and mobile number to the investigating officer and shall not change the residence without intimation to the investigating officer. The Anticipatory Bail Application stands disposed of. (AMIT BORKAR, J.)
Respondent-1: State Of Maharashtra
Petitioner-1: Ashish Satish Nikam