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Order - Status 3: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 223 OF 2021 WITH INTERIM APPLICATION NO.2087 OF 2021 … Appellant … Respondent Smt.Pramila S. Thakur, Appellant present in person. CORAM : A.S. GADKARI, J. DATE : 31st August, 2021. P.C. : Issue notice to the Respondent, returnable on 27th September, 2021. Appellant is directed to supply spare copy of compilation of present Appeal in the Registry of this Court on or before 7th September, 2021. Stand over to 27th September, 2021. Till the next date, ad-interim relief in terms of prayer clause (b) of Interim Application No.2087 of 2021. [A.S. GADKARI, J.]

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 223 OF 2021 WITH INTERIM APPLICATION NO. 2087 OF 2021 Pramila Sumansingh Thakur, Thr. Constituted Attorney Subhash V. Rajurkar … Appellant V/s. New India Co-Operative Bank Ltd, Through Chairman New India Bhavan … Respondent Mrs. Pramila S. Thakur, Appellant in person. CORAM : A.S. GADKARI, J. DATE : 26th October, 2021. P.C. : Note put up by the Registry mentions that, the sole Respondent has been served in the matter. Despite service, none appears for the Respondent. In order to grant an opportunity to the Respondent, stand over to 23rd November, 2021. Ad-interim relief, granted earlier, to continue till the next date. [A.S. GADKARI, J.]

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.)

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.)

Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3260 OF 2015 A/W CIVIL APPLICATION NO.3261 OF 2015 IN FIRST APPEAL ST. NO.14661 OF 2015 The New India Assurance Co. Ltd. ... Applicant/Appellant Vs. Smt.Shobha Babasaheb Babar & Ors. ... Respondents Mr.S.M. Dange for the Applicant/Appellant Mr.V.R. Gaikwad for Respondent Nos.1 to 6 CORAM: MRS.MRIDULA BHATKAR, J. DATE: 30th SEPTEMBER, 2015 P.C.: Civil Application No.3260 of 2015 is filed for condonation of delay of 15 days in preferring the appeal. The learned Counsel for the respondent is present. He concedes to the condonation of delay. Hence, this application is allowed. Appeal be numbered. CIVIL APPLICATION NO.3261 OF 2015: - By this Civil Application, the applicant / insurance Company seeks stay to the operation and execution of the impugned judgement and award dated 25.11.2014 passed by the Motor Accident Claims Tribunal, Satara in MACP No.535 of 2012. The learned Counsel for the applicant submits that the insurance company is ready to deposit the entire decretal amount alongwith interest accrued thereon, within a period of six weeks. In view of the above, interim stay granted to the operation and execution of the impugned judgement and award dated 25.11.2014 subject to the applicant depositing in the MACT, Satara the entire decretal amount alongwith interest accrued thereon, within a period of six weeks from today. The statutory amount of Rs.25,000/- deposited in this Court at the time of filing of appeal shall be transferred to the Motor Accident Claims Tribunal, Satara. Civil Application stands disposed of accordingly. (MRIDULA BHATKAR, J.) CERTIFICATE Certified that this Judgment/Order uploaded is a true and correct copy of original signed Judgment/Order.