Tag: Criminal Others

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2358 OF 2021 Vikas Vitthal Ghurup .....Petitioner Vs. The State Of Maharashtra .....Respondent None for the Petitioner. Ms. M.H. Mhatre APP, for the Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D. NAIK, JJ. DATE : $13^{text{th}}$ JANUARY, 2023. P.C.:- ssm Ms Mhatre, learned APP on instructions from the Superintendent, Nashik-Road Central Prison, Nashik submitted that, subsequent to the rejection of the Application dated 20 th August 2018 for furlough leave filed by the Petitioner, he was released on COVID-19 Pandemic Emergency Parole Leave on 23 rd August, 2021and has reported back to the Jail Authority on 20 th May, 2022. That, the Petitioner was also released on furlough leave from 10 th June, 2021 to 9 th July, 2021 and 10 th October, 2021 to 8 th November, 2022. That, the Petitioner has reported back to the Jail Authority within stipulated period. In view of the above, present Petition has become infructuous and is accordingly disposed off. (PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 1/1

Order - Status 6: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO. 357 OF 2015 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Nitin Sejpal, advocate for the applicant. Mr. S.H. Yadav, APP for State. CORAM :SMT. SADHANA S. JADHAV , J DATE :JULY 8, 2015 P.C.: 1 Heard the learned Counsel for the applicant. Issue notice to respondents. Learned APP waives service for respondent No. 5. Notice returnable on 5/8/2015. Private service permitted. ( SMT. SADHANA S. JADHAV , J) ..... Talwalkar 1/1

Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. APPLICATION NO. 357 OF 2015 Srushti Satish Patel ....Applicant V/S Satish Manilal Pateland Ors ....Respondent CORAM : N.W. SAMBRE, J DATE : 19th December, 2016 P.C. : Due to paucity of time Stand over to 20/01/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 18: 34.APPLN.357.15.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.357 OF 2015 Srushti Satish Patel … Applicant V/s. The State of Maharashtra & Ors. … Respondents Smt. Pooja Sejpal, i/by Nitin Sejpal for the Applicant. Mr. S.S. Hulke, APP for the Applicant – State. CORAM : A.S.GADKARI, J. DATE : 15th JANUARY 2018 P.C.: This is an application for cancellation of anticipatory bail granted to respondent No.1 by the learned Additional Sessions Judge, City Civil & Sessions Court, Gr.Mumbai in ABA/1077/2015 by its Order dated 21.05.2015. Learned APP on instructions submitted that in the present case after completion of investigation, police have submitted chargesheet on 24.08.2017. In view of the decision of this Court in the case of Priyanka Pakvasa V/s. Sameer Pakvasa and Anr. in Criminal Application No.733/2014 in ABA No.1785/2014 dated 25.01.2016 the present application for cancellation of bail on merits after filing of chargesheet does not survive and is accordingly disposed off. (A.S.GADKARI, J.)

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 6006 OF 2021 Noman Gulam Haider Shaikh … Petitioner V/s. The State Of Maharashtra … Respondent None for Petitioner. Mr. S. S. Hulke APP, for Respondent-State. CORAM : A.S. GADKARI AND MILIND N. JADHAV, JJ. th DATE : 10 NOVEMBER, 2022. P.C. : Learned APP on instructions from Additional Senior Jailor, Mumbai Central Prison, Mumbai submitted that, by an Order dated 22nd March, 2022 passed by City Civil and Sessions Court Mumbai, Appellant has been acquitted from the case and has been released from jail on 23rd March, 2022. In view thereof, present Petition has become infructuous and is accordingly disposed off. [MILIND N. JADHAV, J.] [A.S. GADKARI, J.]

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2099 OF 2022 IN BAIL APPLICATION NO. 738 OF 2021 Bhushan Suresh Lad .. Applicant Versus The State of Maharashtra .. Respondent … Mr.Francis A. Caszo for the applicant in IA No.2099/22. Mrs. Rutuja Ambekar, APP for the State. CORAM: BHARATI DANGRE, J. DATED : 6th JULY, 2022 P.C:- 1 Application came to be dismissed in default on 29/4/2022 by marking absence of the applicant and his counsel. 2 Heard learned counsel for the applicant and perused the application. The learned counsel state that he did not attend the matter since he was suffering from High Blood Pressure and viral fever. No certificate to that effect has been placed on record nor is the statement on affidavit. However, since the reasons stated is coming from an Advocate, the same is believed. 3 Resultantly, the impugned order is set aside. The Application is restored to file. ( SMT. BHARATI DANGRE, J.)

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION. COMMON ORDER. CORAM : MRS. MRIDULA BHATKAR, J. DATE : 12th September, 2014 P.C. On account of paucity of time rest of the matters on Daily Board are adjourned to dates fixed as per the CMIS (Court Management Information System) which read as under : Sr. Nos. C.M.I.S. Date 12, 13, 14, 16, 17, 18, 20, 21, 22, 23, 24. 24/09/14 41, 42, 43, 44, 45, 46, 47, 51. 26/09/14 25 03/11/14 27 08/10/14 49 20/01/2015 28 22/09/14 50 07/04/15 29 07/10/14 30, 31, 32, 33, 40 08/10/14 35, 36, 37, 38, 52, 53, 54 23/09/14 39 10/11/14 48 14/10/2014 If in any of the above matters, ad interim relief or interim relief is operative till today, the same will continue to operate till the respective next dates fixed in the matters. If adinterim or interim relief is not granted for a limited period, the said orders will remain unaffected. If there is an extreme urgency, the parties can get the papers produced before this Court. The original of this order be kept in Sr.No.12, Criminal Bail Application No.1408 of 2014. (MRS. MRIDULA BHATKAR, J )

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. APPLICATION NO. 164 OF 2017 Satish Kumar Manchanda And Anr ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : A.S. GADKARI, J DATE : 4th April, 2017 P.C. : Due to paucity of time the matter is adjourned to 25/04/2017.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 CR. APPLICATION NO. 164 OF 2017 Satish Kumar Manchanda And Anr ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : PRAKASH D. NAIK, J DATE : 13th June, 2017 P.C. : Due to paucity of time the matter is adjourned to 04/07/2017. 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 CR. APPLICATION NO. 164 OF 2017 Satish Kumar Manchanda And Anr ....Applicant V/S The State Of Maharashtra ....Respondent CORAM : PRAKASH D. NAIK, J DATE : 10th July, 2017 P.C. : Due to paucity of time the matter is adjourned 28/07/2017. Ad-interim relief if any to continue till then. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 11: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. APPLICATION NO. 164 OF 2017 Satish Kumar Manchanda And Anr ....Applicant V/S The State Of Maharashtra ....Respondent Ashok M Saraogi For Applicant Mr.M.G.,Patil, APP for State. CORAM : PRAKASH D. NAIK, J DATE : 14th July, 2017 P.C. : Stand over to 19/07/2017, on Suppl. Board. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 13: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. APPLICATION NO. 164 OF 2017 Satish Kumar Manchanda And Anr ....Applicant V/S The State Of Maharashtra ....Respondent Ashok M Saraogi For Applicant M.G.Patil, APP for State. CORAM : PRAKASH D. NAIK, J DATE : 19th July, 2017 P.C. : Stand Over to 28/07/2017. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 17: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.164 OF 2017 Satish Kumar Manchanda and anr. …Applicants Versus The State of Maharashtra …Respondent Mr. Anand Mishra i/b. Mr. A. M. Sarogi for the applicant. Mr. A. R. Kapadnis, APP for the respondent State. CORAM : PRAKASH D. NAIK, J. DATE : 21 JULY, 2017 P.C. : This is an application for modification of order passed by the Sessions Court. The applicant was granted anticipatory bail by the Sessions Court vide ABA No. 1114 of 2016. The said application was allowed by confirming interim order dated 24th June, 2016 passed by the said Court in that application on 10th August, 2016. As per the said interim order dated 24th June 2016, the applicant was directed to be released on P.R. of Rs.20,000/ (Rupees Twenty Thousand only.) and like amount of one surety. Learned advocate for the applicant submits that the applicant is not in position to make arrangement for solvent surety since the Sessions Court has directed the applicant to be released on P.R. of Rs.20,000/. The applicant prefers the present applicant for modification of order 24th June, 2016 passed by the Sessions Court. Considering the circumstances and the submissions advanced by the learned advocate for the applicant, order dated 24th June, 2016 can be modified. Hence, I pass following order; :: ORDER :: (i) Order dated 24 June,2016 passed by the Sessions Court in ABA No.1114 of 2016 which is confirmed by order dated 10th August, 2016 is modified and the applicant is directed to be released on furnishing P. R. Bond in the sum of Rs.20,000 (Rupees Twenty Thousand only.) with one or more sureties in the like amount. (ii) Application stands disposed of. [PRAKASH D. NAIK, J.]

Order - Status 5: FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APPW) NO. 274 OF 2015 IN WRIT PETITION NO. 3464 OF 2013 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders None for Applicant Ms. Saloni M. Ghule, I/by Sanjiv Sawant for R. No. 1 Mr. Deepak Thakare, APP for State CORAM : A. S. GADKARI, J. DATE : 22nd APRIL, 2016 P.C. None for the applicant. 2] This is an application for early hearing of Writ Petition No. 3464/2013 preferred by the original petitioner. The learned Counsel appearing for the petitionerhusband on instructions submitted that in pursuance of the order dated 26.3.2013 her client is regularly paying the maintenance of Rs. 10,000/ to the applicantwife. 3] In view of the same, I find that there is no urgency in hearing the petition expeditiously. The application is disposed off with liberty to the applicantwife to file fresh application for appropriate reliefs, if the petitionerhusband commits any breach of orders dated 13.9.2013 and 17.6.2014. 4] The application is disposed off in the aforesaid terms. (A. S. GADKARI, J.)

Order - Status 4: Megha 7_ia_1763_2023.doc MEGHA S PARAB Digitally signed by MEGHA S PARAB Date: 2023.05.04 16:41:31 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1763 OF 2023 IN ANTICIPATORY BAIL APPLICATION NO.1340 OF 2023 Ramesh Jamdade ...Applicant Versus The State of Maharashtra and Anr. ...Respondents ... Mr. Sadip Pareikh with Mr. Prabhakar Jadhav for the Applicant/Intervenor Mr. Ritesh Thobde with Mr. Sagar Tambe for the Applicant in ABA/1340/2023. Mr. S.V. Gavand, APP for the Respondent-State. CORAM: SMT. ANUJA PRABHUDESSAI, J. DATED : 4th MAY, 2023. P. C. :- Not on board. Upon being mentioned, taken on board. This is an application for intervention fled by the First Informant. Considering the reasons stated in the application, the application is allowed in terms of prayer clause (a). Learned counsel for the Applicant in Anticipatory Bail Application to implead the Intervenor as party Respondent and furnish copy of the anticipatory bail application to the learned counsel for the Intervenor on or before the next date of hearing. The application stands disposed of. (SMT. ANUJA PRABHUDESSAI, J.)

Order - Status 4: Vishwanath S. Sherla Digitally signed by Vishwanath S. Sherla Date: 2021.01.25 17:06:01 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.194 OF 2021 Raju Paulas Pakhare … Petitioner Vs The State of Maharashtra & another … Respondents Mr.Aniket Vagal for the Petitioner Ms.A.S. Pai, Mr.J.P. Yagnik, Ms.S.D. Shinde, Mr.K.V. Saste, Additional Public Prosecutors for Respondent – State CORAM: S.S. SHINDE & MANISH PITALE, JJ. DATED: JANUARY 25, 2021 P.C.: 1. Heard learned counsel appearing for the Petitioner. 2. Issue notice to the Respondents, returnable on 4 th February, 2021. 3. In addition to service of notice through Court, the Petitioner shall serve a private notice by Registered Post A.D. and/or by Courier service and/or by hand delivery or by e-mail/fax on the Respondents and shall file affidavit of service with tangible proof before the returnable date**.** 4. The learned APP waives service of notice on behalf of Respondent – State. (MANISH PITALE, J.) (S.S. SHINDE, J.)

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Appearances of the Advocates as per Board dated 04/02/2021. … CORAM: S.S. SHINDE & MANISH PITALE, JJ. DATED : 04TH FEBRUARY, 2021. P.C:- Matters from Sr. Nos.68 to 135 of the Board stands discharged. Following dates are assigned to the said matters: Sr. Nos. Due Date 68 to 75 09-02-2021 76 to 78, 81 and 83 to 84 10-02-2021 85 to 99 and 115 11-02-2021 100 to 105 15-02-2021 107 to 114 16-02-2021 117 to 130 17-02-2021 131 to 133 and 135 18-02-2021 79 08/02/2021 Ad-interim interim reliefs, if any, to continue till then. (MANISH PITALE, J.) (S.S. SHINDE, J.)

Order - Status 9: Vishwanath S. Sherla Digitally signed by Vishwanath S. Sherla Date: 2021.02.16 19:51:33 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE CRIMINAL WRIT PETITION NO.194 OF 2021 Raju Paulas Pakhare … Petitioner Vs. State of Maharashtra & another … Respondents Mr.Aniket Vagal for the Petitioner Mr.Deepak Thakare, Public Prosecutor, for Respondent – State CORAM: S.S. SHINDE & MANISH PITALE, JJ. JUDGMENT RESERVED ON: FEBRUARY 11, 2021 JUDGMENT DELIVERED ON: FEBRUARY 16, 2021 JUDGMENT (PER S.S. SHINDE, J.): 1. Rule. Rule made returnable forthwith with the consent of the learned Counsel appearing for the parties and heard finally. 2. The Petitioner had applied for grant of emergency Covid-19 parole for 45 days in view of the Covid-19 pandemic and the amendment in the Prisons (Bombay Furlough and Parole) Rules, 1959. However, his application was rejected vide order dated 19th May, 2020 passed by Respondent No.2 – Superintendent of Jail, Yerwada Open District Prison, on the ground that the petitioner, in the past, during his stay in the jail, had availed of parole / fulough leave twice, however, reported to the prison late. The petitioner is a convict undergoing sentence of life imprisonment. The petitioner has been in jail since last 10 years. 3. Mr.Vagal, learned Counsel appearing for the petitioner, relied upon the judgments of this Court in Kalyan s/o. Bansidharrao Renge vs. The State of Maharashtra & another (Criminal Writ Petition No.ASDB-LDVC-265 of 2020) and Uzair @ Hujer s/o. Rafiq Shaikh vs. The State of Maharashtra & Others (Criminal Writ Petition No.2989 of 2020) to contend that the ground stated in the impugned order was wholly unsustainable. It was, therefore, submitted that the Writ Petition deserves to be allowed. 4. On the other hand, the learned Public Prosecutor appearing for the State, opposed the petition for grant of emergency Covid-19 parole. It was submitted that the petitioner had reported late on both the occasions when he was released on parole/furlough. Now the situation in the Yerwada Open District Prison, Pune, has changed substantially. It was submitted that the number of inmates in the said prison are less than the capacity. It was submitted that there is no crowd in the jail and that the authorities have sufficient infrastructure now to immediately take care of any inmate or staff, who may suffer from Covid-19 virus. 5. We have perused the record forwarded by the respondents to the office of the Public Prosecutor of this Court. The petitioner was released twice in the past on parole/furlough, however, he had reported to the prison late. The facts and figures stated therein indicate that in pursuance of release of number of inmates due to Covid-19 pandemic, now the situation in the Yerwada Open District Prison, Pune, has changed substantially. There can be no doubt about the fact that the petitioner is justified in relying upon the aforesaid judgments of this Court to claim that the reason assigned in the impugned order is unsustainable. 6. At the same time, the fact situation on ground as on today, cannot be ignored and, therefore, there is substance in the contention raised on behalf of the learned APP that the request of the petitioner for grant of emergency Covid-19 parole needs to be considered afresh. 7. In that view of the matter, the Writ Petition is partly allowed. The impugned order is quashed and set aside. The petitioner is granted liberty to apply afresh for grant of emergency Covid-19 parole within one week from today. Upon filing such an application, the respondent No.2 shall decide the same on its own merits, as expeditiously as possible, however, within two weeks from the date of such filing of the application in accordance with the Prisons (Bombay Furlough and Parole) Rules, 1959 and keeping in view the factors like the extent of spread of Covid-19 virus and conditions in jail. 8. Rule is partly made absolute to the above extent. The Writ Petition stands disposed of accordingly. (MANISH PITALE, J.) (S.S. SHINDE, J.)

Order - Status 7: CRIMINAL APPLICATION NO.37 OF 2014 IN CRIMINAL BAIL APPLICATION NO.2183 OF 2013 Noor Jahan Abdul Rauf Marne ..Applicant Versus State of Maharashtra ..Respondent .... .... Mr. Vivekanand N. Upadhye, for the Applicant. Mr. Rajesh More, APP, for the Respondent – State. CORAM : A. R. JOSHI, J. DATE : 28th JANUARY, 2014 P.C. Heard the learned Counsel for the applicant on this application for relaxation of condition of bail. It is prayed that the applicant may be allowed to furnish the cash security instead of personal surety for the total amount of Rs.20,000/. Considering the prayer and considering the case against the applicant as mentioned in the order passed by this Court while granting bail, provisionally for the period of three weeks from today the applicant is given liberty to give cash security of Rs.20,000/ and the applicant shall complete the process of submitting the surety and thereafter acceptance of the same within this period of three weeks as the liberty of cash bail is only for the period of three weeks from today. Trial Court to take appropriate action and accept the cash bail only for the period of three weeks from today and thereafter deal with the applicant in accordance with law. With these directions, present application is disposed of. (A.R. JOSHI, J.)