Tag: Criminal Anticipatory Bail
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 The Application is allowed to be withdrawn and is disposed of accordingly.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: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.886 OF 2017 Dilip @ Deepak Shankar Karanjkar Applicant versus The State of Maharashtra Respondent Avnendra Kumar i/by Rahul Tiwari for Applicant. Smt.J.S.Lohokare, APP, for State. CORAM : PRAKASH D. NAIK, J. DATE : 05th June 2017 PC : Learned advocate for Applicant states that he has not served copy of application to the office of Public Prosecutors. He, therefore, seeks a week's time. Request is accepted. Stand over to 12th June 2017. (PRAKASH D. NAIK, J.) MST
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 886 of 2017 Dilip @ Deepak Shankar Karanjkar …Applicant Versus The State of Maharashtra …Respondent Mr. Rahul Tiwari for the applicant. Mr. A. R. Kapadnis, APP for the respondentState. CORAM : PRAKASH D. NAIK, J. DATE : 12 JUNE 2017 P.C. : This is an application for anticipatory bail in connection with C.R. No. 78 of 2017 registered with Kurar Police Station, Malad(E), Mumbai for the offences punishable under section 135 and 138 of Indian Electricity Act, 2003. The FIR was registered on 5 April, 2017. It is the prosecution case that the officers employed with Reliance Energy Ltd. has conducted raid on 5 April, 2017 and they noticed theft of electricity is being committed from Mini Pillar and seven cables found on terrace of Sai Medical which were running through drainage. It was noticed that electricity supply was being provided to 500 to 600 unauthorised hutment dwellers which are situated 700 to 800 meters within forest area. On enquiry, it was revealed that the applicant and the coaccused Satyawan Chavan and Manoj Jadhav had committed theft of electricity and supplied the same to the hutment dwellers. It was further revealed that theft of electricity was committed from 6 October, 2016 to 5 April, 2017 and around 467240 units worth Rs.79,43,086/ were utilized by the accused. Learned advocate for the applicant submitted that he has been falsely implicated in this crime. He has not committed the said offence. The prosecution has relied upon the hearsay evidence which was devoid of any merits. He submitted that there is no evidence to connect the applicant with the said crime. Learned APP submitted that the applicant is involved in the said crime. This fact is evident from the statements of hutment dwellers which were recorded during the course of investigation. The witnesses have stated that the applicant and the coaccused had provided them the electricity from the said cables. He further pointed out that two other accused are absconding. He also submitted that at the earlier point of time similar FIR was registered against the applicant with same police station vide C.R No.137 of 2016. He submitted that the accused/applicant is habitual offender and is involved in such activities repeatedly and therefore the anticipatory bail application should be rejected. Considering the aforesaid submissions and taking into consideration the involvement of the applicant which is based on the statement of the witnesses and also looking into the fact that the applicant has earlier committed the similar offence, I am not inclined to grant this application. Hence I pass the following order; :: ORDER :: (i) Anticipatory Bail Application no.886 of 2017 is rejected. (ii) Application stands disposed of. [PRAKASH D. NAIK, J.]
Respondent-1: The State Of Maharashtra
Petitioner-1: Dilip @ Deepak Shankar Karanjkar
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 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 697 OF 2014 Shashikant Chandrakant Rane vs. … Applicant The State of Maharashtra & Anr. … Respondents Mr. R. Sathyanarayanan, Advocate for the applicant. Ms. Alpa Javeri, APP for the State. I.O. Mr. P.D. Kadam, A.S.I., LCB, Ratnagiri present. CORAM : MRS. MRIDULA BHATKAR, J. DATE : 17th June, 2014. P.C. This Application for anticipatory bail is moved directly before this Court. Learned APP, on instructions from the police constable of Ratnagiri Police Station, makes a statement that on the basis of complaint of Mrs. Suhasini Chavan, no offence is registered at Ratnagiri Police Statement. The learned counsel for the applicant seeks permission to withdraw this Application, as the applicant/accused wants to file an Application before the Sessions Court, Thane. As the offence is registered at C.R. No. I264/2013 with Dombivli Police Station, Thane, the learned counsel is allowed to withdraw this Application for anticipatory bail with liberty to file an Application before Sessions Court, Thane. Hence, the Application for the anticipatory bail is dismissed as withdrawn. (MRS. MRIDULA BHATKAR, J.)
Respondent-1: The State Of Maharashtra
Respondent-2: Anr
Petitioner-1: Shashikant Chandrakant Rane
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 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 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
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 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 981 OF 2018 Mrs. Aditi Arun Shinde Applicant Vs. The State of Maharashtra Respondent Mr. Prakash Wagh for the Applicant. Mr. S. R. Agarkar, APP for the Respondent-State. CORAM : V. L. ACHLIYA, J. (VACATION COURT) DATE : 15th MAY, 2018. P. C. : Learned Counsel for the applicant, on instructions, seeks permission to withdraw the application with liberty to surrender before the Investigating Officer within five days. Allowed to be withdrawn with liberty as prayed. The applicant shall not be arrested till 20.05.2018 to enable her to surrender before the Investigating Officer. Application stands disposed of as withdrawn. [V. L. ACHLIYA, J.]
Respondent-1: The State Of Maharashtra
Petitioner-1: Aditi Arun Shinde
Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 98 OF 2017 Shri Khaldum Mohammed Hasan …. Applicants/Accused Momin & Anr. Versus State of Maharashtra .... Respondent through Bhoiwada Police Station, Mumbai. Mr. M.K.Kocharekar for Applicants/Accused. Mrs.P. P. Shinde, APP for Respondent/State. CORAM : SMT. SADHANA S. JADHAV, J. DATE : 19TH JANUARY, 2017. P.C . . Heard learned Counsel for the applicants. The application seeking prearrest bail was rejected by the Sessions Judge, Thane on 30th July, 2016. The learned APP waives service and seeks time to take instructions. Time as prayed for is granted. Stand over to 6th February, 2017. (SMT. SADHANA S. JADHAV, J.)
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 98 OF 2017 Khaldum Mohammed Hasan And Anr ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. S.S. JADHAV, J DATE : 6th February, 2017 P.C. : Due to paucity of time the matter is adjourned. Stand over to 10/02/2017. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 9: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL ANTICIPATORY BAIL APPLICATION NO.98 OF 2017 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. M.K. Kocharekar, advocate for the applicant. Mrs. P.P. Shinde, APP for State. CORAM :SMT. SADHANA S. JADHAV , J DATE : FEBRUARY 10, 2017 P.C.: 1 Learned APP submits that the investigating officer is not present. Stand over to 23/2/2017. ( SMT. SADHANA S. JADHAV, J) ..... Talwalkar 1/1
Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 98 OF 2017 Khaldum Mohammed Hasan And Anr ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : SMT. S.S. JADHAV, J DATE : 23rd February, 2017 P.C. : Due to paucity of time the matter is adjourned for 09/03/2017. Ad-interim relief if any to continue till then. Stand over to 09/03/2017. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 13: Order Text Request Text Click the button above to request the full text of this order.
Order - Status 15: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 98 OF 2017 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. M.K. Kocharekar, advocate for the applicant. Mr. R.M. Pethe, APP for State. CORAM :SMT. SADHANA S. JADHAV , J DATE : MARCH 16, 2017 P.C.: 1 At the request of the learned Counsel for the applicant, stand over to 27/3/2017. No. interim relief. ( SMT. SADHANA S. JADHAV, J) ..... Talwalkar 1/1
Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 98 OF 2017 Khaldum Mohammed Hasan And Anr ....Applicant V/S The State Of Maharashtra ....Respondent Mr. S,V. Kotwal i/by Meghashyam Kanoji Kocharekar For Applicant Smt P.P. Shinde App for State CORAM : A.S. GADKARI, J DATE : 27th March, 2017 P.C. : Stand over to 29/03/2017. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 19: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 98 OF 2017 Khaldum Mohammed Hasan And Anr ....Applicant V/S The State Of Maharashtra ....Respondent Mr S.V. Kotwal i/by Meghashyam Kanoji Kocharekar For Applicant Mrs P P Shinde App for State CORAM : A.S. GADKARI, J DATE : 29th March, 2017 P.C. : Stand over to 05/04/2017. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 21: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 98 OF 2017 Khaldum Mohammed Hasan And Anr Applicant V/S The State Of Maharashtra Respondent Mr S.V. Kotwal i/by Meghashyam Kanoji Kocharekar For Applicant Ms P.P. Shinde App for State CORAM : A.S. GADKARI, J DATE : 5th April, 2017 P.C. : At the request of learned advocate for the Applicant , Stand over to 20/04/2017. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 24: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 98 OF 2017 Khaldum Mohammed Hasan And Anr ....Applicant V/S The State Of Maharashtra ....Respondent Mr S V Kotwal a/w Mr Ashish Sudhakar Sawant i/by M K Kochrekar For Applicant Smt P P Shinde App for State CORAM : A.S. GADKARI, J DATE : 24th April, 2017 P.C. : Stand over to 04/05/2017. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 27: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 98 OF 2017 Khaldum Mohammed Hasan And Anr Applicant V/S The State Of Maharashtra Respondent r Ashish Sudhakar Sawant Applicants For Applicant Mr.A.R.Kapadnis, APP for State. CORAM : PRAKASH D. NAIK, J DATE : 27th June, 2017 P.C. : Not before this Bench. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 31: Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.98 OF 2017 Khaldum Mohammed Hasan & anr. .Applicants Vs. The State of Maharashtra .Respondent Mr.A.S.Sawant, Advocate, for the Applicants Mrs.P.P.Shinde, APP, for the Respondent – State CORAM : REVATI MOHITE DERE, J. P.C. DATE : 29.06.2017 . Mentioned. Not on board. Taken on board. Learned counsel for the Applicants seeks leave to withdraw this Application. Accordingly, the Application is disposed of as withdrawn. (REVATI MOHITE DERE, J.)
1) Document Filed: Vakalatnama
Advocate: Ashish Sudhakar Sawant
Filed Document - Date of Receiving - 1: 06/04/2017
Respondent-1: The State Of Maharashtra
Petitioner-1: Khaldum Mohammed Hasan
Petitioner-2: Anr