All Bail Application
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1104 OF 2015 Rajesh Bharatbhai Rathod ... Applicant vs. The State of Maharashtra ... Respondent Mr. Tejas Hilage, Advocate appointed ,for the applicant. Ms. R.M.Gadhavi, APP, for the State CORAM: SMT.SADHANA S.JADHAV,J. DATE : 18th June, 2015. P.C . An application is received through jail. The applicant is praying for bail in Case No.370 of 2011. This Court had requested the learned counsel Shri Tejas Hilage to espouse the cause of the applicant. He has graciously accepted to do the same. Office to furnish copy of the application to the Advocate so appointed. The learned APP to take specific instructions in respect of the stage of trial. S.O. to 25.6.2015. (SMT.SADHANA S.JADHAV, J.)
Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1104 OF 2015 Rajesh Bharatbhai Rathod. ... Applicant. Versus The State of Maharashtra. ... Respondent. None for Applicant. Ms. Rutuja Ambekar, APP for State. CORAM : SMT. SADHANA S. JADHAV,J DATE : JULY 13, 2015 P.C.: 1 Learned APP upon instructions submits that the applicant herein was taken to J.J. Hospital, Mumbai on 26/6/2015. It is reported that the applicant has been tested positive for HIV. 2 It is further submitted that the trial has commenced. The next scheduled date for recording of evidence is 27/7/2015. In view of this, the applicant does not deserve grant of bail. In the eventuality that the applicant files an application seeking bail on medical ground, Talwalkar 1/2 the learned Judge shall consider the same on its own merits. The application is accordingly disposed of. 3 Office to communicate this order to the applicant who is in jail. ( SMT. SADHANA S. JADHAV , J) Talwalkar 2/2
Respondent-1: The State Of Maharashtra
Petitioner-1: Rajesh Bharatbhai Rathod
Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2501 OF 2021 Sagar @ Sangpal Gulabrao Jamnik ] Applicant vs. State of Maharashtra ] Respondent Ms. Mayuri Hatle, for the Applicant. Smt.Rutuja Abmekar, APP for the State. CORAM : BHARATI DANGRE, J DATE : 12th OCTOBER, 2022. P.C. 1] Since the offences invoke against the Applicant are under the provisions of POCSO Act, let the complainant be added as party-Respondent No.2. 2] After necessary amendment is being carried out, Issue notice to Respondent No.2 returnable on 29.11.2022. 3] Let the learned APP intimate the complainant through the Investigating Officer about her impleadment in the application and also apprise her of her right of being represented through counsel of her choice or through legal aid. [BHARATI DANGRE, J]
Order - Status 6: Urmila Ingale IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION URMILA PRAMOD INGALE Digitally signed by URMILA PRAMOD INGALE Date: 2022.11.30 10:52:53 +0530 BAIL APPLICATION NO. 2501 OF 2021 Mr. Sagar @ Sang Pal Gulabrao Jamnik ..Applicant vs. State of Maharashtra ..Respondent Ms. Mayuri D. Hatl,e for applicant. Ms. P.N. Dabholkar, APP for respondent-State. CORAM : M. S. KARNIK, J. DATE : NOVEMBER 29, 2022 P.C. : 1. The Learned APP submits that the complainant has been served and she wants to be represented through legal aid. Mr. Akshay Pai is requested to appear on behalf of the complainant and represent her. 2. List the matter on 06/12/2022. (M. S. KARNIK, J.)
Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 2501 OF 2021 Sagar @ Sang Pal Gulabrao Jamnik APPLICANT V/S The State Of Maharashtra RESPONDENT CORAM : HON'BLE SHRI JUSTICE M. S. KARNIK J DATE : 6th December, 2022 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 16/12/2022 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 2501 OF 2021 Sagar @ Sang Pal Gulabrao Jamnik ....APPLICANT V/S The State Of Maharashtra ....RESPONDENT Ms. Mayuri D. Hatle for Applicant. Ms. G. P. Mulekar, APP for State. Mr. Akshay Pai for Respondent No. 2 CORAM : HON'BLE SHRI JUSTICE M. S. KARNIK J DATE : 16th December, 2022 P.C. : S. O. to 20/12/2022 . ( FOR REGISTRAR JUDICIAL - I )
Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 2501 OF 2021 Sagar @ Sang Pal Gulabrao Jamnik APPLICANT V/S The State Of Maharashtra RESPONDENT CORAM : HON'BLE SHRI JUSTICE M. S. KARNIK J DATE : 20th December, 2022 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 05/01/2023 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2501 OF 2021 SAGAR @ SANGPAL GULABRAO JAMNIK ..APPLICANT VS. THE STATE OF MAHARASHTRA AND ANR. ..RESPONDENTS ------------ Ms. Mayuri D. Hatle for the applicant. Mr. Akshay Pai for respondent No.2. Mr. N. B. Patil, APP for the State. ------------ CORAM : M. S. KARNIK, J. DATE : JANUARY 5, 2023. P.C. : 1. Heard learned counsel for the applicant. 2. Learned counsel for the applicant seeks leave to withdraw the application. A request is made to expedite the trial as the applicant is in custody since 22/09/2020. The FIR is lodged on 28/07/2020. Considering that the applicant is in custody for more than 2 years and 3 months, the trial Court is requested to expedite the trial and conclude the same preferably within a period of six months from today. In any case, considering that the applicant is incarcerated for this long a period, the trial Court is requested to record the evidence of the child within a period of one month from the date when this order is produced on record. 3. Liberty to apply for bail in case the trial does not substantially proceed during the period of six months from today. 4. Subject to what is observed hereinabove, the application is allowed to be withdrawn and disposed of. 5. I appreciate the assistance rendered by Mr. Pai, learned advocate, who was requested to appear on behalf of the victim. (M. S. KARNIK, J.)
Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2501 OF 2021 Sagar @ Sang Pal Gulabrao Jamnik Versus...Applicant ...RespondentThe State Of Maharashtra...Respondent ____ None for the Applicant Ms. Anamika Mlahotra, APP for the Respondent-State. CORAM : SHIVKUMAR DIGE, J. DATE : $28^{text{th}}$ AUGUST 2023. P.C. : The letter dated 5 th July 2023 is received from District Judge-7 and Additional Sessions Judge, Thane, for extension of one year time for disposal of Special (POCSO) Case No. 506/2020. Considering the reasons mentioned in the letter, one year time is extended to dispose of Special (POCSO) Case No. 506/2020. (SHIVKUMAR DIGE, J.)
1) Document Filed: Vakalatnama
Filed By : Sagar @ Sang Pal Gulabrao Jamnik
Advocate: Mayuri Dashrath Hatle
Filed Document - Date of Receiving - 1: 07/03/2022
Respondent-1: The State Of Maharashtra
Petitioner-1: Sagar @ Sang Pal Gulabrao Jamnik
Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1071 OF 2020 Charansingh Kanhiyalal Solanki APPLICANT V/S The State Of Maharashtra RESPONDENT CORAM : HON'BLE SHRI JUSTICE SARANG VIJAYKUMAR KOTWAL J DATE : 21st February, 2022 P.C. : Matter did not reach till the court time was over. Hence adjourned. Stand over to 14/03/2022. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1071 OF 2020 Charansingh Kanhiyalal Solanki ....APPLICANT V/S The State Of Maharashtra ....RESPONDENT CORAM : HON'BLE SMT. JUSTICE ANUJA PRABHUDESSAI J DATE : 14th March, 2022 P.C. : Due to paucity of time, stand over to 08/04/2022. Interim order, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1071 OF 2020 Charansingh Kanhiyalal Solanki .. Applicant Versus State of Maharashtra .. Respondent … Mr.Hrishikesh Hatalkar i/b Pankaj Kavale for the applicant. Mr. A.A. Palkar, APP for the State. CORAM: BHARATI DANGRE, J. DATED : 8th JUNE, 2022 P.C:- 1 Learned counsel for the applicant, on instructions, seek leave of this Court to withdraw the Bail Application. 2 Application is permitted to be withdrawn and stands disposed off as such. ( SMT. BHARATI DANGRE, J.)
Respondent-1: The State Of Maharashtra
Petitioner-1: Charansingh Kanhiyalal Solanki
Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2164 OF 2024 The State of Maharashtra. … ------------------- Respondent V/s. Aslam @ Gondiya Hamid Mulla Applicant. Shri Farzan Shaikh i/b Kamil Sayyed, Advocate for Applicant. Shri Shreeram S. Chaudhari, APP for the State. CORAM : ANIL S. KILOR, J. DATE : 13TH JUNE, 2024. PC: Heard. Issue notice to the respondent, returnable on 08/07/2024. The learned A.P.P. waives notice for the Respondent-State. RAJIV BABARAOJI RAUT Digitally signed by RAJIV BABARAOJI RAUT Date: 2024.06.14 14:49:18 +0530 (ANIL S. KILOR, J)
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 2164 OF 2024 Aslam @ Gondiya Hamid Mulla APPLICANT V/S State Of Maharashtra RESPONDENT CORAM : HON'BLE SHRI JUSTICE ANIL S. KILOR J DATE : 8th July, 2024 P.C. : Due to paucity of time, stand over to 29/07/2024. Interim order, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2164 OF 2024 Aslam @ Gondiya Hamid Mulla, Age 34 years, Occ.Service, R/o.Hazarmachi, Tal.Karad, Dist.Satara. (Presently in Satara District Prison) Applicant versus The State of Maharashtra Respondent Mr.Ganesh Bhujbal, Advocate for Applicant. Mr.Sameer M.Mangaonkar, APP, for State. Mr.Mahesh B.Shinde, P.C, Karad City Police, present. CORAM : ANIL S.KILOR, J. DATE : 21st August 2024 PC : Heard. By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.1191 of 2023 registered with Karad City Police Station, District Satara, for the offences punishable under Sections 302, 364, 324, 323, 143, 147, 148, 149, 504, 506 of the Indian Penal Code. Learned counsel for Applicant submits that there are discrepancies in the CCTV footage transcription and the statements of witnesses. It is submitted that the first informant did not name the Applicant. The FIR was registered against total 10 accused, out of which four were known and six unknown accused persons. It is submitted that version of the eye witness is doubtful and since charge sheet has been filed, further custody of the Applicant is not necessary. Accordingly he prays for grant of bail. MANISH SURESHRAO THATTE Digitally signed by MANISH SURESHRAO THATTE Date: 2024.08.22 18:12:26 +0530 Learned APP strongly opposed the application and grant of bail. I have gone through the charge sheet and relevant material collected by the Investigating Officer during investigation. It is evident that seeing the CCTV footage the Applicant was identified by the eye witness and there is sufficient evidence to show that at the time of incidence Applicant was present with other co-accused. The CCTV footage shows that the accused persons were assaulting the deceased. The allegations are of unlawful assembly with common intention. In the circumstances though there may be some discrepancies in the CCTV footage transcription and the statement of witness, however, presence of the Applicant at the spot with common intention cannot be prima facie disputed in view of sufficient incriminating material against the Applicant. In the circumstances since the offence is very serious, I do not find the present case as a fit case for grant of bail. Accordingly it is rejected. Trial is expedited. Liberty is granted to move afresh before Trial Court after one year, if there is no progress in trial. Learned counsel for Applicant undertakes to place this order on the record of Trial Court within two weeks from today. (ANIL S.KILOR, J.) MST
Respondent-1: State Of Maharashtra
Petitioner-1: Aslam @ Gondiya Hamid Mulla
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1170 OF 2017 Khalil Ahmad Salmani @ Chand ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : PRAKASH D. NAIK, J DATE : 5th June, 2017 P.C. : Due to paucity of time the matter is adjourned, 27/06/2017 Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1170 OF 2017 Khalil Ahmad Salmani @ Chand ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : PRAKASH D. NAIK, J DATE : 13th July, 2017 P.C. : Due to paucity of time the matter is adjourned to 31/07/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1170 OF 2017 Khalil Ahmad Salmani @ Chand ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. REVATI MOHITE DERE, J DATE : 14th September, 2017 P.C. : Due to paucity of time stand over to 29/09/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1170 OF 2017 Khalil Ahmad Salmani @ Chand ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. REVATI MOHITE DERE, J DATE : 14th September, 2017 P.C. : Due to paucity of time stand over to 29/09/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1170 OF 2017 Khalil Ahmad Salmani @Chand Applicant Versus The State of Maharashtra Respondent Mr.S.R.Gaud i/b Mr.M.R.Gowd, for the Applicant. Ms.P.P.Shinde, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE, J. DATE : 26th SEPTEMBER, 2017 P.C. : Not on board. Taken on board. At the outset, learned counsel for the applicant, on instructions of the instructing Advocate, seeks leave to withdraw this application. The Application is accordingly disposed of as withdrawn. It is made clear, that this application has not been heard on merits. (REVATI MOHITE DERE, J.)
Respondent-1: The State Of Maharashtra
Petitioner-1: Khalil Ahmad Salmani @ Chand
Order - Status 4: 519.BA.2153.2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2153 OF 2022 Rajesh Dagadu Salave Applicant versus The State of Maharashtra Respondent Mr.Shailesh Chavan, Advocate for applicant. Mr.A.A.Palkar, APP, for State. CORAM : PRAKASH D. NAIK, J. DATE : 11th October 2022 PC : Not on board. Taken on board. Learned APP seeks time to file affidavit-in-reply. Reply be filed before next date of hearing. Stand over to 22nd November 2022. High on board. (PRAKASH D. NAIK, J.) MST Digitally signed by MANISH SURESH THATTE Date: 2022.10.13 11:49:45 +0530
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 2153 OF 2022 Rajesh Dagadu Salave ....APPLICANT V/S The State Of Maharashtra ....RESPONDENT CORAM : HON'BLE SMT. JUSTICE ANUJA PRABHUDESSAI J DATE : 22nd November, 2022 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 08/12/2022 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 2153 OF 2022 Rajesh Dagadu Salave APPLICANT V/S The State Of Maharashtra RESPONDENT Mr. Shailesh Chavan Adv. for Applicant Mr. A. A. Palkar, APP for Respondent - State CORAM : HON'BLE SHRI JUSTICE N. R. BORKAR J DATE : 19th December, 2022 P.C. : At the request of the learned APP, stand over to 13/01/2023 . Ad-interim/ Interim order, if any, to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 2153 OF 2022 Rajesh Dagadu Salave ....APPLICANT V/S The State Of Maharashtra ....RESPONDENT Mr. Shailesh Chavan Adv. for Applicant Mr. A. A. Palkar, APP for Respondent - State CORAM : HON'BLE SHRI JUSTICE N. R. BORKAR J DATE : 13th January, 2023 P.C. : S. O. to 06/02/2023 . ( FOR REGISTRAR JUDICIAL - I )
Order - Status 13: 41-ba-2153-22.doc DINESH SADANAND SHERLA Digitally signed by DINESH SADANAND SHERLA Date: 2023.04.22 16:58:53 +0500 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2153 OF 2022 Rajesh D. Salave …Applicant V/s. The State of Maharashtra ...Respondent. Mr. Shailesh Chavan a/w. Mr. Sachin Arade for the Applicant. Mr. Amit Palkar, APP for the Respondent/State. CORAM : N.R. BORKAR, J. DATE : 06.02.2023. P.C. : This is an application under Section 439 of Code of Criminal Procedure for bail. The applicant came to be arrested in Crime No.459 of 2021 registered at Manchar Police Station, Pune (Rural) for the ofences punishable under Sections 302 and 120B read with 34 of the Indian Penal Code, Section 3 read with 25 and 27 of the Arms Act and Sections 3(1)(i)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crimes Act, 1999 (MCOC Act). I have heard the learned counsel for the applicant and the learned APP for the respondent – State. According to the prosecution, there was an enmity between the deceased and the co-accused Santosh Jadhav, who according to the prosecution, is a member of organized crime syndicates formed by co-accused Pawan Thorat. It is alleged that they thus hatched the conspiracy and committed the murder of the deceased on 1 August 2021. The allegations against the present applicant are that prior to the alleged incident, he gave Rs.2000/- to one of the gang member on the instructions of gang leader and even promised him to bear the expenses for their bail after the alleged incident. There appears to be no enmity between the deceased and the present applicant. Prima facie, the applicant appears to have provided or promised to provide fnancial help due to fear. The learned APP submits that in view of presumption under Section 22 of the MCOC Act, the applicant may not be released on bail. However, considering the overall facts and circumstances and as there are no other criminal antecedents, I am inclined to release the applicant on bail. In the result, the following order is passed. O R D E R A] Bail Application is allowed. B] The applicant be released on bail in C.R. No.459 of 2021 registered at Manchar Police Station, Pune (Rural) for the ofences punishable under Sections 302 and 120B read with 34 of the Indian Penal Code, Section 3 read with 25 and 27 of the Arms Act and Sections 3(1)(i)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crimes Act, 1999 (MCOC Act) on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount. C] The applicant shall attend the concerned police station once in a month, i.e., on frst Saturday between 11.00 a.m. to 4.00 p.m. till conclusion of the trial. [N.R.BORKAR, J.]
1) Document Filed: Affidavit
Filed By : The State Of Maharashtra
Advocate: Pp
Filed Document - Date of Receiving - 1: 08/12/2022
Respondent-1: The State Of Maharashtra
Petitioner-1: Rajesh Dagadu Salave
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1171 OF 2018 Kaluram Bhagwan Kale ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : P.N. DESHMUKH, J DATE : 4th May, 2018 P.C. : Due to paucity of time the matter is adjourn. Stand over to 21/06/2018. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1171 OF 2018 Kaluram Bhagwan Kale ....Applicant V/S The State Of Maharashtra ....Respondent Mr.Raghuvanshi i/b Mr.Shailesh Kharat For Applicant Mr.S.S.Pednekar - APP for State CORAM : SMT. S.S. JADHAV, J DATE : 21st June, 2018 P.C. : Learned APP waives service and seeks time to take instructions. Time as prayed for is granted. Stand over to 13/07/2018. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1171 OF 2018 Kaluram Bhagwan Kale Applicant Vs. The State of Maharashtra Respondent Mr. Ashish Raghuvanshi I/by Mr. Shailesh Kharat for the Applicant. Mr. S.S.Pednekar, APP for the State. Coram : Smt. Sadhana S. Jadhav **, J.** Date : 13th July, 2018 P.C.: 1 Learned APP has drawn the attention of this Court to the order passed by the Judicial Magistrate, First Class, Ghodegaon rejecting the application filed by the prosecution seeking the statements of the witnesses recorded under Section 164(5) of Cr.P.C. dated 9th June 2015. 2 Learned Magistrate shall comply with Sections 207 and 208 of Cr.P.C. Dusane 2/2 19 ba 1171.2018.doc 3 The prosecution is at liberty to file a fresh application before the Magistrate seeking the statements of the witnesses recorded under Section 164 of Cr.P.C. 4 Stand over to 1st August 2018. 5 Office to communicate this order to the learned J.M.F.C., Ghodegaon forthwith. ( Smt. Sadhana S. Jadhav **, J)**
Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1171 OF 2018 ….. Kaluram Bhagwan Kale …Applicant Versus The State of Maharashtra ...Respondent Mr. Shailesh Kharat for the Applicant. Ms Pallavi N. Dabholkar, APP for the Respondent State. CORAM : SMT. ANUJA PRABHUDESSAI, J. DATED: 20th AUGUST, 2018. P.C.: The learned APP submits that copies of the statements of the witnesses under Section 164 (5) of the Cr.P.C have now been furnished. She undertakes to furnish copy of the same to the learned counsel for the Applicant in the course of the day. In view of above, stand over to 3.9.2018. (SMT. ANUJA PRABHUDESSAI, J.) Megha Shridhar Parab Digitally signed by Megha Shridhar Parab Date: 2018.08.21 11:30:20 +0530
Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1171 OF 2018 Kaluram Bhagwan Kale ....Applicant V/S The State Of Maharashtra ....Respondent Mr A.R. Avchat i/b Mr Shailesh Kharat For Applicant Ms Pallavi N. Dabholkar APP for State CORAM : SMT. ANUJA PRABHUDESSAI, J DATE : 3rd September, 2018 P.C. : At the request of Learned Advocate for the Applicant, Stand over to 17/09/2018. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1171 OF 2018 Kaluram Bhagwan Kale ….Applicant V/s. The State of Maharashtra ….Respondent Mr. Karan Jain i/b. Mr. Shailesh Kharat for the applicant. Ms. J.S. Lohokare, APP for the State. CORAM: SMT. ANUJA PRABHUDESSAI, J. DATED: 17th SEPTEMBER, 2018. P.C.: . Mr. Karan Jain, learned counsel for the applicant submits that copy of the statement of the witnesses under section 164 of Criminal Procedure Code has not been furnished. Ms. J.S. Lohokare, learned APP has furnished copy of the statement of witnesses today, in view of which learned counsel for the applicant seeks time. Stand over to 01st October, 2018. (SMT. ANUJA PRABHUDESSAI, J.)
Order - Status 18: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1171 OF 2018 Kaluram Bhagwan Kale ....Applicant V/S The State Of Maharashtra ....Respondent None For Applicant Mrs J.S. Lohokare APP for State CORAM : SMT. ANUJA PRABHUDESSAI, J DATE : 1st October, 2018 P.C. : None for Applicant. Opportunity Given. Stand Over to 15/10/2018. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 20: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1171 OF 2018 Kaluram Bhagwan Kale ....Applicant V/S The State Of Maharashtra ....Respondent Mr Shailesh Kharat For Applicant Ms J.S. Lohokare APP for State CORAM : SMT. ANUJA PRABHUDESSAI, J DATE : 15th October, 2018 P.C. : At the request of Learned Advocate for the Applicant, Stand Over to 17/10/2018. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 22: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1171 OF 2018 Kaluram Bhagwan Kale ....Applicant V/S The State Of Maharashtra ....Respondent Mr Shailesh Kharat For Applicant Mrs J.S. Lohokare APP for State CORAM : SMT. ANUJA PRABHUDESSAI, J DATE : 17th October, 2018 P.C. : At the request of Ld.APP for State, Stand Over to 31/10/2018. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 24: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1171 OF 2018 Kaluram Bhagwan Kale ....Applicant V/S The State Of Maharashtra ....Respondent Mr Milan A. Heliballi i/b Mr Shailesh Kharat For Applicant Ms Pallavi N. Dabholkar APP for State CORAM : SMT. ANUJA PRABHUDESSAI, J DATE : 31st October, 2018 P.C. : Mentioned. At the request of Learned Advocate for the Applicant, Stand Over to 26/11/2018. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 26: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICTION NO. 1171 OF 2018 Kaluram B.Kale ...Applicant. Vs. The State of Maharashtra ...Respondent. Mr. M.A. Hebballi i/by Shailesh Kharat for the Applicant. Smt. S.S.Lohokare, APP. for the Respondent/State. CORAM : A.S.GADKARI, J. DATE 26th November, 2018 PC : The learned counsel for the applicant seeks time on the ground that, the Advocate on record is held up in another Court. The record indicates that on 3.9.2018 and 17.9.2018 the learned counsel for the applicant had sought time. Again on 1.10.2018 none appeared for the applicant and this Court adjourned the matter to 15.10.2018. Again on 15.10.2018 and 31.10.2018 the learned counsel for the applicant had sought time. It appears that, the applicant is not interested in pursuing the application. Application is dismissed for want of prosecution. (A.S. GADKARI, J.)
Order - Status 30: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1171 OF 2018 Kaluram Bhagwan Kale ....Applicant V/S The State Of Maharashtra ....Respondent Shailesh Kharat For Applicant. Mr.S.H.Yadav, APP For State. CORAM : P.N. DESHMUKH, J DATE : 10th April, 2019 P.C. : On the application of learned APP for want of instructions and as the I.O.is not present, Stand over to 10.06.2019. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 32: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1171 OF 2018 Kaluram Bhagwan Kale ....Applicant V/S The State Of Maharashtra ....Respondent Shailesh Kharat For Applicant S.H.Yadav APP for the State/Respondent CORAM : SARANG VIJAYKUMAR KOTWAL, J DATE : 10th June, 2019 P.C. : At the request of learned APP for the State/ respondent, Stand over to 17/06/2019. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 34: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1171 OF 2018 Kaluram Bhagwan Kale ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SARANG VIJAYKUMAR KOTWAL, J DATE : 17th June, 2019 P.C. : Due to paucity of time the matter is adjourned. Ad-interim relief if any to continue till then. Stand over to 09/07/2019. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 36: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1171 OF 2018 Kaluram Bhagwan Kale ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SARANG VIJAYKUMAR KOTWAL, J DATE : 9th July, 2019 P.C. : Due to paucity of time the matter is adjourned. Ad-interim relief if any to continue till then. Stand over to 23/07/2019. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 38: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1171 OF 2018 Kaluram Bhagwan Kale ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SARANG VIJAYKUMAR KOTWAL, J DATE : 23rd July, 2019 P.C. : Due to paucity of time the matter is adjourned. Ad-interim relief if any to continue till then. Stand over to 07/08/2019. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 40: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1171 OF 2018 Kaluram Bhagwan Kale ....Applicant V/S The State Of Maharashtra ....Respondent Shailesh Kharat For Applicant S.H.Yadav APP for State/Respondent CORAM : SARANG VIJAYKUMAR KOTWAL, J DATE : 7th August, 2019 P.C. : At the request of learned APP for State/respondent , Stand over to 06/09/2019. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 42: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1171 OF 2018 Kaluram Bhagwan Kale ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SARANG VIJAYKUMAR KOTWAL, J DATE : 6th September, 2019 P.C. : Due to paucity of time the matter is adjourned to 26/09/2019 . 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 44: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1171 OF 2018 Kaluram Bhagwan Kale ....Applicant V/S The State Of Maharashtra ....Respondent Mr.Shailesh Kharat For Applicant. Mr.S.H.Yadav, APP For State. CORAM : SARANG VIJAYKUMAR KOTWAL, J DATE : 26th September, 2019 P.C. : At the request of learned advocate for the petitioners / respondent / applicant , Stand over to 06/11/2019 ( FOR REGISTRAR JUDICIAL - I )
Order - Status 48: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1171 OF 2018 Kaluram Bhagwan Kale ...Applicant V/s The State of Maharashtra ...Respondent …. Mr. Shailesh Kharat, Advocate for the Applicant. Mr. S.H. Yadav, APP for State-Respondent. …. CORAM : PRAKASH D. NAIK, J. DATE : 6th November 2019 PC : Without advancing any arguments on the merits of the case, the learned counsel for the Applicant seeks permission to withdraw this application with liberty to prefer an application before the Sessions Court, in view of the fact that, during the pendency of this application, co-accused has been granted bail. Hence, the application to be withdrawn with liberty as prayed for. Application stands disposed of accordingly. (PRAKASH D. NAIK, J.) 1 of 1 6-BA-1171-18.doc
Respondent-1: The State Of Maharashtra
Petitioner-1: Kaluram Bhagwan Kale
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.966 OF 2013 MR.SHABBU RAUF KHAN )...APPLICANT V/s. THE STATE OF MAHARASHTRA & ANR. )...RESPONDENTS Mr.Satyavrat Joshi i/b. Mr.Subhash Hulyalkar Advocate for Applicant. Mrs.S.V.Sonawane APP for the State. CORAM: ABHAY M. THIPSAY, J. DATE : rd JULY, 2013. 3 P.C. : 1 Heard. 2 Since the period of three moths stipulated by the order dated 12.4.2013 is not over, the application is premature, so to say. 3 However, in the circumstances explained by the learned counsel for the applicant, instead of rejecting the application on that ground, it would be proper to consider it after 12.7.2013. 4 Stand over to 16.7.2013. (ABHAY M. THIPSAY, J.) avk 1/1
Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.966 OF 2013 SHABBU RAUF KHAN )...APPLICANT V/s. THE STATE OF MAHARASHTRA & ANR. )...RESPONDENTS Mr.Satyavrat Joshi i/b. Mr.Subhash Hulyalkar Advocate for the Applicant. Mrs.G.P.Mulekar APP for the State. CORAM: ABHAY M. THIPSAY, J. DATE : 16th JULY, 2013. P.C. : 1 Heard Mr.Satyavrat Joshi, the learned counsel for the applicant, and Mrs.G.P.Mulekar, the learned APP for the State. 2 The previous application filed by the applicant was withdrawn by him, after submitting that the applicant be granted liberty to apply afresh for bail, should the trial not commence within a reasonable time. Liberty was granted by the court to the applicant to apply afresh for bail, in the event of the trial not commencing within a period of three months from the date of the receipt of the said order by the court. The order was passed on 12.4.2013. 3 I am informed that, though the said period is over, the trial has not yet commenced. The learned counsel for the applicant has produced a copy of the roznama of the trial court, which indicates that the trial has not yet commenced, and that, even a Charge has not yet been framed. 4 I have, therefore, considered the facts of the case, afresh. It is clear that though the participation of the applicant in the alleged incident, is indicated by the material in the chargesheet, the role attributed to the applicant is not as grave, as has been attributed to, two other accused. The applicant is alleged to have given a blow to the deceased by a pana on the wrist of the deceased. 5 The applicant is of 19 years. There are no antecedents. The applicant is in custody for a period of more than nine months. 6 Under these circumstances, I am inclined to grant one opportunity to the applicant of availing of liberty, subject to certain conditions. 7 The application is allowed. 8 The applicant is ordered to be released on bail in the sum of Rs.50,000/, with one surety in the like amount, or two sureties in the sum of Rs.25,000/ each, on the following conditions : i) The applicant shall not contact, meet or approach any of the prosecution witnesses, in any manner, whatsoever. ii) The applicant shall report to the Pimpri Police Station every Sunday, between 5.00 p.m. to 7.00 p.m., till the disposal of the case against him. (ABHAY M. THIPSAY, J.)
Respondent-1: The State Of Maharashtra
Respondent-2: Anr
Petitioner-1: Shabbu Rauf Khan
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1031 OF 2020 … Chinmay Prashant Jagtap .. Applicant versus The State of Maharashtra .. Respondent None for the applicant. Smt. M.M.Deshmukh, APP for the State. CORAM: SMT. BHARATI DANGRE, J. DATED : 10TH DECEMBER, 2020 P.C:- Re-notify after Christmas Vacation. SMT. BHARATI DANGRE, J Wakodikar
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1031 OF 2020 ..... Chinmay Prashant Jagtap ... Applicant versus The State of Maharashtra & Anr. .... Respondents ….... Mr. Prashant Patil, Advocate for the Applicant. Smt. J. S. Lohokare, APP for State-Respondent. CORAM : SARANG V. KOTWAL, J. DATE : 05th FEBRUARY, 2021 P.C. : . At the request of learned APP, stand over to 16th March (SARANG V. KOTWAL, J.)
Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1031 OF 2020 Chinmay Prashant Jagtap .... Applicant versus State of Maharashtra & Anr. .... Respondents ….... Mr.Pravin Mengane h/f Prashant P. Patil, Advocate for Applicant. Mr.S.H. Yadav, APP for the State/Respondent. CORAM : SARANG V. KOTWAL, J. DATE : 16th MARCH, 2021 P.C. : At the request of learned counsel for the Applicant, stand over to 27/04/2021. (SARANG V. KOTWAL, J.)
Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1031 OF 2020 Chinmay Prashant Jagtap APPLICANT V/S The State Of Maharashtra RESPONDENT Pravin P. Mengane i/b Prashant P Patil for applicant. P.N.Dabholkar APP for Respondent/state. CORAM : HON'BLE SHRI JUSTICE VIRENDRASINGH GYANSINGH BISHT J DATE : 22nd November, 2021 P.C. : S. O. to 06/12/2021 . ( FOR REGISTRAR JUDICIAL - I )
Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1031 OF 2020 Chinmay Prashant Jagtap APPLICANT V/S The State Of Maharashtra RESPONDENT Mr. Sandeep Shinde a/w Mr. Pravin Mengane i/b Prashant P Patil for Applicant Ms. P.N.Dabholkar APP for Respondent State CORAM : HON'BLE SHRI JUSTICE VIRENDRASINGH GYANSINGH BISHT J DATE : 6th December, 2021 P.C. : Arguments are concluded. Judgment/ order is reserved. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 15: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1031 OF 2020 Chinmay Prashant Jagtap … Applicant Versus The State of Maharashtra and Anr. … Respondents Mr. Sandeep D. Shinde a/w Mr. Pravin Mengane i/b Mr. Prashant Patil, for the Applicant. Ms. P. N.Dabholkar, APP, for the State-Respondent. CORAM : V. G. BISHT, J. RESERVED ON : 6th December, 2021. PRONOUNCED ON : 15th December, 2021. PC:- . The present application has been moved by the applicant under Section 439 of the Code of Criminal Procedure in C.R. No. 476 of 2017 registered with Karad Taluka Police Station, District-Satara for the offences punishable under Sections 302, 120-B r/w 34 of the Indian Penal Code. 2 It is the case of prosecution that informant is uncle of deceased Prathamesh Sanjay Sankpal, who was a student of 12th standard Rekha Patil 1/5 studying in Y.C.College of Science at Vidyanagar, Karad. The applicant and two more students, who are stated to be juveniles in conflict with law, were also studying in the same college. On 17/11/2017 the deceased left his house for college as there was examination but did not return. 3 The prosecution alleges that the relations between the deceased and the applicants and other co-accused were not cordial and therefore, on 17/11/2017 at about 4-00 p.m. they committed murder of the deceased in the area known as 'Bhatki Shiva' near railway line in the vicinity of village Parle, Taluka Karad by means of knife and scythe. Accordingly FIR came to be lodged. 4 Mr. Shinde, learned Counsel for the applicant, submits that there was college rivalry between the deceased and the applicant and another. Although it is alleged that the deceased was assaulted by means of a knife on head, face and neck but those injuries did not match with the findings of Postmortem Report. Although the charge-sheet has been filed but trial is yet to be commenced. Having regard to the circumstance and as also age of the applicant, he deserves to be enlarged on bail. Rekha Patil 2/5 5 Ms. Dabholkar, learned APP, on the other hand, vehemently opposed the submissions by contending that there is statement of eye witness, namely, Yogesh Tanaji Shedge who had witnessed the incident and even the deceased himself had confided to Vishwajit @ Vishu Krushnarao Pawar on 17/11/2017 that he is likely to be beaten. Besides, the Postmortem Report also point out the injuries sustained by the deceased which is quite in consonance with the theory of prosecution. There is no inconsistency between findings of Postmortem Report and theory of prosecution as is claimed by learned counsel for the applicant. According to learned APP, since the deceased was mercilessly killed the applicant does not deserve to be enlarged on bail. 6 Perused investigation papers. First of all, I may from the FIR point out that the informant has clearly stated that there were injury marks on the head and neck of the deceased by means of a sharp weapon. Column No. 17 of the Postmortem Report clearly shows that there were multiple superficial to deep incised wounds over scalp, face and neck. Thus apparently there is no inconsistency, except wound on face, between the case of prosecution and finding of the Postmortem Report as canvased before me by learned Counsel for the applicant. 7 This brings me to the statements of eye witness viz. Kiran @ Ganesh Shivaji Thorat. From the statement of this witness it is very much clear that he witnessed the whole incident. According to this witness, the hands of deceased was caught hold of by accused Vijay while the applicant took out a scythe from his sack which was given to him by accused Vijay only and then gave a blow on the head of the deceased as a result of which deceased fell down. Even thereafter the applicant gave three blows of scythe on the neck of the deceased. After the deceased died, the applicant threatened the others including the witnesses that if any of them disclosed the incident they would be similarly done to death. His statement further shows that because of threats given by the applicant and as he is of hot temperament, this witness did not tell about the incident to anybody. Incidentally, I may note from the Postmortem Report that the cause of death was " Head injury due to multiple incised wounds associated with fracture skull bone". 8 One more statement is that of Vishwajit @ Vishu Krushnarao Pawar. It appears that on 17/11/2017 when witness had been to college for examination, deceased called him and expressed his apprehension that he would be beaten by the boys. When this witness Rekha Patil 4/5 enquired with him as to who were those boys, the deceased replied that he would tell later on. At about 3-30 p.m. this witness saw applicant and other accused and as also the deceased standing in front of them. 9 From the above, it is clear that the witness, namely, Vishwajit @ Vishu Krushnarao Pawar had seen the applicant and other accused in the company of the deceased immediately before the incident. It is also pertinent to note that the deceased had expressed his apprehension of his being beaten at the hands of boys though he did not name those boys. However, immediately thereafter incident took place and it appears that those boys were applicant and others which is more than clear from the statement of Kiran @ Ganesh Shivaji Thorat. 10 From the above, I find that there is overwhelming evidence. The injured was brutally killed by the applicant by means of scythe. I do not find merit in the application. Hence, the following order. ORDER Bail Application No. 1031 of 2020 is rejected. REKHA PRAKASH PATIL Digitally signed by REKHA PRAKASH PATIL Date: 2021.12.15 12:42:49 +0530 Rekha Patil 5/5 (V. G. BISHT, J.)
Respondent-1: The State Of Maharashtra
Petitioner-1: Chinmay Prashant Jagtap
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1412 OF 2019 Amol Jaywant Pawar ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SARANG VIJAYKUMAR KOTWAL, J DATE : 3rd June, 2019 P.C. : Due to paucity of time the matter is adjourned. stand over to 26/06/2019. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1412 OF 2019 Amol Jaywant Pawar .... Applicant versus The State of Maharashtra .... Respondent ….... Mr.Anand S. Patil, Advocate for Applicant. Ms.A.A. Takalkar, APP for the State/Respondent. CORAM : SARANG V. KOTWAL, J. DATE : 14th JUNE, 2019 P.C. : Learned APP seeks time to take instructions regarding health condition of the Applicant. Time as prayed for is granted. Stand over to 28/06/2019. (SARANG V. KOTWAL, J.)
Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1412 OF 2019 Amol Jaywant Pawar ....Applicant V/S The State Of Maharashtra ....Respondent Anand S Patil For Applicant A.A.Takalkar APP for State/Respondent CORAM : SARANG VIJAYKUMAR KOTWAL, J DATE : 28th June, 2019 P.C. : Mentioned. At the request of learned advocate for the applicant , Stand over to 03/07/2019. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1412 OF 2019 Amol Jaywant Pawar ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SARANG VIJAYKUMAR KOTWAL, J DATE : 3rd July, 2019 P.C. : Due to paucity of time the matter is adjourned. Ad-interim relief if any to continue till then. Stand over to 26/07/2019. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1412 OF 2019 Amol Jaywant Pawar ....Applicant V/S The State Of Maharashtra ....Respondent Anand S Patil For Applicant S.H.Yadav APP for State/Respondent CORAM : SARANG VIJAYKUMAR KOTWAL, J DATE : 11th July, 2019 P.C. : At the request of learned advocate for the applicant , Stand over to 25/07/2019. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1412 OF 2019 Amol Jaywant Pawar ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SARANG VIJAYKUMAR KOTWAL, J DATE : 25th July, 2019 P.C. : Due to paucity of time the matter is adjourned. Ad-interim relief if any to continue till then. Stand over to 21/08/2019. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1412 OF 2019 Amol Jaywant Pawar ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SARANG VIJAYKUMAR KOTWAL, J DATE : 21st August, 2019 P.C. : Due to paucity of time the matter is adjourned.Stand over to 11/09/2019. 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 CRIMINAL BAIL APPLN. NO. 1412 OF 2019 Amol Jaywant Pawar ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SARANG VIJAYKUMAR KOTWAL, J DATE : 11th September, 2019 P.C. : Due to paucity of time the matter is adjourned to 07/10/2019 . 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 20: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1412 OF 2019 Amol Jaywant Pawar ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SARANG VIJAYKUMAR KOTWAL, J DATE : 7th October, 2019 P.C. : Due to paucity of time the matter is adjourned to 14/11/2019 ( FOR REGISTRAR JUDICIAL - I )
Order - Status 22: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1412 OF 2019 Amol Jaywant Pawar ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : PRAKASH D. NAIK, J DATE : 14th November, 2019 P.C. : Due to paucity of time the matter is adjourned to 03/12/2019 ( FOR REGISTRAR JUDICIAL - I )
Order - Status 24: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1412 OF 2019 Amol Jaywant Pawar .. Applicant Vs. State of Maharashtra .. Respondent Mr.Shekhar Ingawle i/b. Mr.Anand S. Patil, Advocate for the Applicant. …... …... Mrs.A.A. Takalkar, APP for the Respondent – State. CORAM : PRAKASH D. NAIK, J. DATED : DECEMBER 17, 2019. P.C. : Learned Counsel for the Applicant tendered medical certificate dated 10th December, 2019. Same is taken on record and marked "X" for identification. Learned APP seeks time to take instructions. Stand over to 6th January, 2020. To be listed High on Board. ( PRAKASH D. NAIK, J.)
Order - Status 26: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CRIMINAL BAIL APPLN. NO. 1412 OF 2019 Amol Jaywant Pawar ....Applicant V/S The State Of Maharashtra ....Respondent Shekhar Ingawale i/b.Anand S Patil For Applicant A.A.Takalkar APP for State/respondent CORAM : PRAKASH D. NAIK, J DATE : 6th January, 2020 P.C. : Learned APP seeks time to take instructions. S.O. to 08/01/2020 ( FOR REGISTRAR JUDICIAL - I )
Order - Status 30: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1412 OF 2019 Amol Jaywant Pawar .. Applicant Vs. State of Maharashtra .. Respondent Mr.Shekhar Ingawle i/b. Mr.Anand S. Patil, Advocate for the Applicant. …... …... Mrs.Geeta P. Mulekar, APP for the Respondent – State. CORAM : PRAKASH D. NAIK, J. DATED : JANUARY 08, 2020. P.C. : The applicant is seeking bail on medical ground for temporary period. The applicant is in custody from 10th March, 2016 in connection with C.R.No.31 of 2016, registered with Ajara Police Station, District–Kolhapur for the ofences punishable under Sections 302, 120-B and 201 read with 34 of Indian Penal Code ("IPC", for short). 2 The applicant had earlier preferred an application for bail viz. Criminal Bail Application No.1466 of 2018. By order dated 28th August, 2018, it was directed that the jail Authorities shall ensure that the applicant is taken to Chougule Neurology Centre and Nursing Home, Kolhapur, on the date and time given for the applicant's check up and examination and for follow-up, if required. It was also observed that the applicant cannot be given treatment for the ailment, which he is sufering in C.P.R. Hospital, Kolhapur or in any Government Hospital in Kolhapur. Applicant contend that he is sufering from Lumbar and Cervical Spondylosis. In pursuant to the said order, the applicant was taken to Chougule Nursing Home. Applicant relies upon the medical certifcate issued by Dr.Sanjay More, attached to Abhinav Nursing Home. Learned counsel for the applicant submitted that the applicant was examined at Chougule Nursing Home and thereafter he was referred to Orthopedic Surgeon Dr.Sanjay More, attached to Abhinav Nursing Home. The certifcate issued by Dr.Sanjay More is produced in support of the submission that the applicant requires medical treatment and surgery, which can be performed in the private nursing home. 3 The certifcate issued by Dr.Sanjay More mentions as follows: "This is to certify that I, the undersigned Dr.Sanjay More, have gone through the all medical reports of Mr.Amol Jayvant Pawar, 33/M, R/o. Kolhapur and referred by Dr. Sangram Chougule, Neuro Physician, Kolhapur. As he is not responding to medical line of treatment for chronic lumbar PID with Radiography, he has been advised endoscopic laminectomy and Discectomy by a team of Neurosurgeon, Orthopedic Sargon and Neuro physician as early as possible." 4 Learned APP has tendered the report of Dr.Sanjay Padhye, Medical Oficer, Kiolhapur Central Prison, Kalamba. The applicant is detained in the said jail. The said report dated 8th January, 2020 mentions that it's a report in continuation of earlier report. As per the orders of the High Court, the patient was sent to Dr.Sanjay More, MS (Ortho) D.N.R. (ortho), as per the opinion and referral request of Neurosurgeon Dr.Sangram Chougule. As per the evaluation done by them of the said patient he requires a surgical intervention to treat him. 5 The patient wants operation done in a private hospital and hence he has moved application. The patient has been evaluated by experts and also in private hospital as per the courts permission. The xerox copy of the report of the private doctor which has been referred to herein above are annexed with the report. The report dated 8th January, 2020, is taken on record and marked "X" for identifcation. The certifcate issued by Dr.Sanjay More, tendered on the earlier occasion, is marked as "X-1", for identifcation. 5 Learned Counsel for the applicant submits that undisputedly, the treatment is not available in C.P.R. Hospital or any other Government Hospital in Kolhapur. The applicant is in custody for a period of four years. The applicant is required to undergo surgery immediately. With a view to undergo surgery and the follow-up treatment, applicant be granted bail. Learned APP relied upon the report tendered by the medical oficer, Kolhapur Central Prison. The report refers to the medical certifcate dated 10th December, 2019, issued by Dr.Sanjay More. The report confrms that the applicant has been examined by the experts. Considering the aforesaid circumstances, the applicant can be granted bail on medical ground for a period of three months. 6 Hence, I pass the following order: :: O R D E R :: (i) Bail Application No.1412 of 2019, is allowed; (ii) The Applicant is directed to be released on bail in connection with C.R.No.31 of 2016, registered with Ajara Police Station, District– Kolhapur, for the period of three months frin the date of release on medical ground on his executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount; (iii) Applicant shall intimate to concerned police station the details of his place of residence, details about his hospitalization and further details about treatment or surgery undergone by him; (iv) Applicant shall not tamper with the evidence while on bail; (v) On completion of period of three months from the date of release, the applicant shall surrender before Ajara Police Station, District–Kolhapur; (vi) Bail Application stands disposed of. ( PRAKASH D. NAIK, J.)
Respondent-1: The State Of Maharashtra
Petitioner-1: Amol Jaywant Pawar