Tag: Criminal

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.640 OF 2018 IN CRIMINAL APPLICATION NO.575 OF 2018 IN CRIMINAL APPLICATION NO.149 OF 2015 Motorola Solutions Inc. (Formerly Known as Motorola Inc.) ... Applicant V/s. Iridium India Telecom Limited & Ors. ... Respondents ..... Mr.Subodh Desai i/b. Bachubhai Munim & Co., Advocate for the Applicant. Ms.Anamika Malhotra, APP for the Respondent/State. CORAM : A.M.BADAR J. .... DATED : 5th JUNE 2018. P.C. : 1 Mr.Subodh Desai, the learned Counsel appearing for the applicant submits that though the main application is under Section 482 of the Criminal Procedure Code and though the assignment is with the Honourable Shri.Justice P.D.Naik, there is standing Order to the effect that his matter may not be listed before the Honourable Shri.Justice P.D.Naik. 2 Registry to verify and report by 3.00 p.m. (A.M.BADAR J.)

Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.640 OF 2018 IN CRIMINAL APPLICATION NO.575 OF 2018 IN CRIMINAL APPLICATION NO.149 OF 2015 Motorola Solutions Inc. (Formerly Known as Motorola Inc.) ... Applicant V/s. Iridium India Telecom Limited & Ors. ... Respondents Mr.Subodh Desai i/b. Bachubhai Munim & Co., Advocate for the Applicant. ..... Mr.Vineet Unnikrishnan i/b. Cyril Amarchand Mangaldas, Advocate for the Respondent No.1. Mr.Ativ Patel i/b. AVP Partners, Advocate for the Respondent Nos.3 to 19. .... Ms.Anamika Malhotra, APP for the Respondent/State. CORAM : A.M.BADAR J. DATED : 5th JUNE 2018. P.C. : 1 Shri.Subodh Desai, the learned Counsel appearing for the applicant has placed on record the modified consent terms, which are marked as Exhibit 'Y' for the purpose of identification. 2 Heard the learned Counsel appearing for the applicant as well as the learned Counsel appearing for the respondents. 3 They are unanimous in stating that the Court may modify the Order dated 25th February 2015 passed in Criminal Application No.149 of 2015 so as to read in it the modified consent terms dated 3rd May 2018 and more particularly clause 18(ii) thereof. 4 As all parties to the application are unanimous in getting the Order dated 25th February 2015 passed by this Court in Criminal Application No.149 of 2015 modified, the following Order : ORDER i) Clause (iv) of paragraph 2 of the Order dated 25th February 2016 is modified in the following manner : "(iv)The Criminal Complaint pending on the file of the learned Judicial Magistrate, Khadki shall stand quashed upon payment being made in terms of clause 18(ii) of the modified consent terms at Exhibit 'Y'." ii) The application is accordingly disposed of. (A.M.BADAR J.)

Order - Status 8: 901-APPP-640-2018-575-2018-149-2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.640 OF 2018 IN CRIMINAL APPLICATION NO.575 OF 2018 IN CRIMINAL APPLICATION NO.149 OF 2015 MOTOROLA SOLUTIONS INC. (FORMERLY ) KNOWN AS MOTOROLA INC. )...APPLICANT V/S. IRIDIUM INDIA TELECOM LIMITED & ORS. )...RESPONDENTS Mr.Subodh Desai i/b. Bachubhai Munim & Co., for the Applicant. Ms.Anamika Malhotra, APP for the Respondent State. CORAM : A. M. BADAR, J. DATE : 15th JUNE 2018 P.C. : 1 Motion is made by the Registry for Speaking to Minutes of the order dated 5th June 2018. 2 Parties by their respective counsel. It is seen that inadvertently typographical mistake crept in Clause (1) of avk 1/2 paragraph 4 of the order dated 5th June 2018. Date " 25th February 2016" is typed thereat instead of the date " 25th February 2015 ." Hence, date in Clause (1) of paragraph 4 be corrected as "25th February 2015". With this, motion stands disposed of. (A. M. BADAR, J.)

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION CR. APPLICATION IN APPLICATION NO. 640 OF 2018 In CR. APPLICATION IN APPLICATION 575 OF 2018 Motorola Solutions Inc (formerly Known As Motorola Inc) ....Applicant V/S Iridium India Telecom Limited And Ors ....Respondent Mr.Subodh Desai i/b. Bachubhai Munim And Company For Applicant Ms.Anamika Malhotra, APP for state CORAM : A.M. BADAR, J DATE : 20th June, 2018 P.C. : Wrongly placed on board. Remove from board. ( FOR REGISTRAR JUDICIAL - I )

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1995 OF 2023 Sunil Madhav Bhalerao & Anr. … Petitioners V/s. The State of Maharashtra & Anr. … Respondents Mr. Sarwadnya Kadtane for Petitioners. Mr. S.S. Hulke, A.P.P. for Respondent-State No.1. CORAM : A. S. GADKARI AND SHIVKUMAR DIGE, JJ. DATE : 21st June 2023. P.C. : Issue notice to Respondent No.2, returnable on 2nd August 2023. Learned Advocate for the Petitioners is directed to supply spare copies of the Petition in the Registry within a period of two weeks from today. Stand over to 2nd August 2023. Till the next date, ad-interim relief in terms of prayer Clause (b). [ SHIVKUMAR DIGE, J. ] [ A.S. GADKARI, J. ]

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1995 OF 2023 Sunil Madhav Bhalerao & Anr. … Petitioners V/s. The State of Maharahstra & Anr. … Respondents NILAM SANTOSH KAMBLE Digitally signed by NILAM SANTOSH KAMBLE Date: 2023.08.07 11:07:36 +0530 Mr.Sarwadnya Kadtane a/w Mr.Yash Naik, for the Petitioners. Mr.S.S. Hulke, APP for Respondent-State. Mr.D.M. Thosar, for Respondent No.2. CORAM : A.S. GADKARI AND SHIVKUMAR DIGE, JJ. DATE : 02nd AUGUST 2023 P.C. : At the request of learned Advocate for Respondent No.2, stand over to 24th August 2023. Ad-interim relief if any, granted earlier, to continue till next date. (SHIVKUMAR DIGE, J.) (A.S. GADKARI, J.)

Order - Status 8: Amol Diliprao Nawale Digitally signed by Amol Diliprao Nawale Date: 2023.09.04 17:50:38 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1995 OF 2023 Sunil Madhav Bhalerao & Anr. …Petitioners V/s. State of Maharashtra & Anr. … Respondents Mr. Sarwadnya Kadtane for the Petitioners. Mr. S. V. Gavand, APP for the State. Mr. D. M. Thosar i/b. Thosar & Associates for the Respondent No.2 ____________________________________ ____________________________________ CORAM : NITIN W. SAMBRE & RAJESH S. PATIL, JJ. DATED : 31 st AUGUST, 2023 P.C.: Counsel for the Petitioners assures that the brother of the Petitioner is party to the D.V. Act proceeding and shall appear before the Magistrate Court at Belapur in D. V. Act Proceeding. Since the statement is made, on instructions, the same is accepted. It appears that earlier there was a settlement between the parties i.e., Respondent-Complainant and her husband. However, the settlement terms have not materialized. As we have heard respective counsel for sometime, we deem it appropriate to adjourn the matter to next week, as a last chance, so as to enable the brother of the Petitioner, who happened to be husband of the Respondent-Complainant to make an offer of one time alimony. Stand over to 7th September, 2023. Ad-interim relief if any, granted earlier, to continue till next date. (RAJESH S. PATIL, J.) (NITIN W. SAMBRE)

Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1995 OF 2023 Sunil Madhav Bhalerao & Anr. ..Petitioners Versus The State of Maharashtra & Anr. ..Respondents Mr. Sarwadnya Kadtane a/w Kanchan Phatak, for the Petitioners. Mr. S. V. Gavand, APP for the Respondent/State. Mr. D. M. Thosar i/by Thosar & Associates, for the Respondent No.2. CORAM : NITIN W. SAMBRE & RAJESH S. PATIL, JJ. DATE : 7 th SEPTEMBER, 2023 P.C. If copy is not supplied to the counsel for the petitioners of reply within one week with an acknowledgment to be produced on record within said time, the defence of the respondent shall be struck of. Stand over to 5th October, 2023. Ad-interim relief, if any, to continue till then, only to the extent of the present petitioners. [RAJESH S. PATIL, J.] [NITIN W. SAMBRE, J.] Digitally signed by BALAJI GOVINDRAO PANCHAL Date: 2023.09.08 12:27:37 BALAJI GOVINDRAO PANCHAL BGP. 1 of 1

Order - Status 12: BDP-SPS-TAC BHARAT DASHARATH PANDIT Digitally signed by BHARAT DASHARATH PANDIT Date: 2023.10.09 12:12:07 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1995 OF 2023 Sunil Madhav Bhalerao and Anr. ….Petitioners V/s The State of Maharashtra & Anr. …..Respondents --- Mr. Yash Naik i/b Sarwadnya Kadtane for the Petitioner. Mr. S.V. Gavand, APP for the Respondent/State. Mr. D.M. Thosar i/b Thosar & Associates for Respondent No.2. ---- CORAM: NITIN W. SAMBRE & N. R. BORKAR, JJ. DATE: OCTOBER 05, 2023 P.C.:- Stand over to 26.10.2023. Interim order to continue till the next date. ( N. R. BORKAR, J. ) ( NITIN W. SAMBRE, J. )

Order - Status 14: 31-WP-1995-2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1995 OF 2023 Sunil Madhav Bhalerao and another Petitioners WRIT PETITION NO. 1995 OF 2023 Sunil Madhav Bhalerao and another … Petitioners Versus • Mr. Sarwdnya Kadtane alongwith Mr. Akash Kotecha for the Petitioners. Mr. S.V. Gavand, APP for the State. Ms. Rupali Thosar instructed by Thosar and Associates for Respondent No.2. …...... CORAM : NITIN W. SAMBRE & N.R. BORKAR, JJ. DATED : 26 OCTOBER 2023 P.C. :- Both the parties assure that they shall be appearing before the Mediator Ms. M.M. Deshmukh, APP on 31 October 2023 at 2.30 p.m. The statement is accepted. List the Petition on 9 November 2023. ( N.R. BORKAR, J. ) ( NITIN W. SAMBRE, J. ) Kanchan P Dhuri 1 / 1

Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1995 OF 2023 Sunil Madhav Bhalerao and anr. … Petitioners Versus The State of Maharashtra and anr. … Respondents Mr. Sarwadnya Kadtane for the Petitioner. Mr. S. V. Gavand, APP for the State. Ms. Rupali Thosar i/b Thosar and Associates for Respondent No. 2. …...... …...... CORAM : NITIN W. SAMBRE & N.R. BORKAR, JJ. DATED : 9 NOVEMBER 2023 P.C. :- As the mediation is in progress, stand over to 25 January 2024. Interim order, if any, to continue till then. ( N.R. BORKAR, J. ) (NITIN W. SAMBRE, J.)

Order - Status 18: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1995 OF 2023 Sunil Madhav Bhalerao & Anr. …..Petitioners Vs. The State of Maharashtra & Anr. …..Respondents Mr. Sarwadnya S. Kadtane (through V.C.) for the Petitioners. Mr. Ashish I. Satpute, A.P.P. for the Respondent-State. A.P.I. Mr. Balasaheb Bhimraj Shinde, Rable Police Station present. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ. DATE : 5 th AUGUST 2024. P.C.:- Learned Advocate for the Petitioners on instructions submitted that, the process of mediation has failed and prayed that the Petition may be heard on merits. 1.1) At his request, stand over to 26th August 2024. Ad-interim relief, if any granted earlier, to continue till then. (DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.)

Order - Status 20: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1995 OF 2023 Sunil Madhav Bhalerao And Anr. …..Petitioners Vs. The State Of Maharashtra & Anr. …..Respondents Mr. Sarwadnya Kadtane for the Petitioners. Mr. A.I. Satpute, APP, for Respondent No.1-State. None for the Respondent No.2. CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ. DATE : 29 th AUGUST, 2024. P.C.:- Despite service, none appears for the Respondent No.2. Stand over to 24th September 2024. Ad-interim relief, if any granted earlier, to continue till then. (DR NEELA GOKHALE, J.) (A.S. GADKARI, J.) NILESH SHIVGAN Digitally signed NILESH SHIVGAN Date: 2024.09.02 19:18:32 +0530

Order - Status 22: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1995 OF 2023 Sunil Madhav Bhalerao & Anr. … Petitioners V/s. The State of Maharashtra & Anr. … Respondents Mr. Yash Naik a/w Adv. Sarwadnya Kadtane and Mr. Shakti Kolekar for Petitioners. Mr. Ashish I. Satpute, A.P.P. for Respondent No.1-State. Mr. D.M. Thosar i/b Thosar & Associates for Respondent No.2. P.S.I. Mr. Balaji Pawane, Rabale Police Station, Navi Mumbai, present. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ. DATE : th 24 September 2024. P.C. : At the request of learned Advocate for Respondent No.2, stand over to 1st October 2024. Ad-interim relief, if any granted earlier, to continue till next date. ( DR. NEELA GOKHALE, J. ) ( A.S. GADKARI, J. ) RAJESH VASANT Digitally signed by RAJESH VASANT CHITTEWAN CHITTEWAN Date: 2024.09.30 10:24:49 +0530

Order - Status 24: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1995 OF 2023 Sunil Madhav Bhalerao & Anr. ... Petitioners V/s. The State of Maharashtra & Anr. ... Respondents Mr. Sarwadnya Kadtane for Petitioners. Mr. Ashish I. Satpute, A.P.P. for Respondent No.1-State. Mr. D.M. Thosar i/b Thosar & Associates for Respondent No.2. PSI Mr. Balaji Pawane, Rabale Police Station. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ. DATE : 3 rd October 2024. P.C. : Stand over to 24 th October 2024. 1.1) To be listed under the caption 'For Admission'. Ad-interim relief, if any granted earlier, to continue till next date. (DR. NEELA GOKHALE, J.) (A.S. GADKARI, J.) RAJESH Digitally signed by RAJESH VASANT VASANT CHITTEWAN CHITTEWAN Date: 2024.10.08 10:48:40 +0530

Order - Status 27: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1995 OF 2023 Sunil Madhav Bhalerao & Anr. …..Petitioners Vs. The State of Maharashtra & Anr. …..Respondents Mr. Sarwadnya Kadtane, for Petitioners. Mr. Ashish I. Satpute, APP, for Respondent No.1-State. Mr. D.M. Thosar, i/b Thosar & Advocates, for Respondent No.2. CORAM : SARANG V. KOTWAL AND DR. NEELA GOKHALE, JJ. DATE : 24th OCTOBER 2024. P.C.:- This Writ Petition is filed for quashing of the F.I.R. bearing C.R.No. 9 of 2023 lodged at Rabale Police Station, Navi Mumbai on 4th January 2023 under Sections 323, 498-A, 504 and 506 read with 34 of the Indian Penal Code. The F.I.R. is lodged by the Respondent No.2 herein. The Petitioners are the younger brothers of her husband Gopal @ Anil. It is stated in her F.I.R. that she was married with Gopal on 21st April 2017. Her father had given her gold ornaments weighing 2.5 tola and Rs.2,00,000/- by way of cash to her husband's father. On further demands he has given 1.5 told of gold. He also gave household articles in the marriage. After the marriage, she started residing with her in-laws at village Ligdal, Taluka Amadpur, Post Telgaon, District Latur. The F.I.R. mentions that her mother-in-law did not allow her to use any article given by her father. Her husband had told her that she had no right to use those articles. She was not allowed to use Air Cooler. It is alleged that her mother-in-law did not give her sufficient food and used to make her to do all household work. It is further mentioned that Gopal's parents and both the Petitioners as well as Gopal himself suggested that the Informant and Gopal should stay at Udgir, Latur. Accordingly, she and Gopal started residing at Udgir, Latur. It is further alleged that Gopal used to ill-treat her and used to beat her. He was addicted to different vices. She became pregnant, but even then her mother-in-law and husband Gopal assaulted her. There is a general statement that because of the harassment of the family members of the husband, she had to undergo cesarean. Even at that time, Gopal did not spend any money. The F.I.R. thereafter mentions different instances particularly in respect of Gopal and his mother. There are only two references of both the Petitioners. At one instance, it is alleged that Gopal and the Petitioner No.2 Vikram had gone to their house at Udgir and had broken the iron gate and abused to her and her mother. She was also beaten up by them and then they had left. The other allegations are that her two children were sick, but then Gopal did not look after them. She called the Petitioner No.1 to inform him about this. At that time, he told her that he had no concern with informant and her children. These are the only two allegations against both the Petitioners. Otherwise the entire F.I.R. is about allegations against her husband including the allegations of his extramarital affair. We have heard Mr. Kadtane, learned counsel for the Petitioners, Mr. Satpute, learned APP for Respondent No.1-State and Mr. Thosar, learned counsel for the Respondent No.2. With consent of the parties, the matter is decided finally at this stage. Learned counsel for the Petitioners submitted that from the narration in the F.I.R. it is clear that the allegations against the Petitioners did not attract the ingredients of Section 498-A and other offences under which the F.I.R. is lodged. Learned counsel for the Respondent No.2 on the other hand relied on the F.I.R. which contains the specific instances attracting the ingredients of Section 498-A of the Indian Penal Code and the Petitioners along with his husband and mother-in-law harassed and ill-treated her. Learned APP produced investigation papers before us. Apart from the F.I.R., there is statement of the Informant's father, wherein he has mentioned the instances in which that particulars that gate was broken. However allegations against the Petitioners were only two references of Petitioner No.2 Vikram was that he was accompanying Gopal. It was alleged that for some time Informant's son was taken away and he was brought back within short time. Apart from that, there is absolutely no material against the present Petitioners. We have considered the F.I.R. and the statement of Informant's father. As we have observed, there is hardly any material against these two Petitioners. There are only general and omnibus allegations. There are no specific instances against the present Petitioners which were attracting the provisions of Section 498-A of the Indian Penal Code. In fact, the F.I.R. mentions that at the instance of the Informant's in-laws, she and her husband Gopal had started residing separately at Udgir. It clearly mentions that the Petitioners were not even residing with the Informant and her husband Gopal. 4/5 The allegations against the present Petitioners are vague. Considering this discussion, the Petitioners have made out a case for quashing of the F.I.R. and the further proceedings. Hence, the following order: ORDER (i) The F.I.R. bearing C.R.No. 9 of 2023 lodged at Rabale Police Station, Navi Mumbai on 4th January 2023 is quashed and set aside qua the present Petitioners only. (ii) The Petition is accordingly disposed of. (DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.)

Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.101 OF 2020 1. Gujar Raosaheb Gajare ] Age: 60 Years, Occ: Agri ] 2. Vasant Raosaheb Gajare ] Age: 55 Years, Occ: Agri, ] Both R/o. Shelve, Tal. Pandharpur ] Dist. Solapur. ] Appellants Versus 1. State of Maharashtra ] Through Gramin (Rural) ] Police Station, Pandharpur. ] 2. Ananda Ananta Shinde ] Age. Years, Occ. Service, ] Gramin (Rural) ] Police Station, Pandharpur, ] Dist. Solapur. ] Respondents Mr. Tushar N. Sonawane, for the Appellants. Mr. A.R. Kapadnis, Additional Public Prosecutor, for Respondent-State. Police Head Constable-Mr. R.T. Jadhav, Pandharpur Rural Police Station present. ….. …. CORAM : PRITHVIRAJ K. CHAVAN, J. DATE : 17TH FEBRUARY, 2020. P.C: Challenge in this appeal is to an order dated 10th December, 2019 passed by the Additional Sessions Judge, Pandharpur by which Criminal Miscellaneous Application bearing No.1343 of 2019 for anticipatory bail preferred by the appellants came to be rejected since the offence under the provisions of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short 'Atrocity Act') according to the learned Additional Sessions Judge, creates a bar under section 18 of the said Act. The appellants have been booked under sections 143, 147, 149, 353, 332, 323, 504, 506, 188, 229 of the Indian Penal Code (for short 'I.P.C') and under sections 3 (1) (r) (5), 3 (2) (va) of the Atrocity Act. Briefly stated the facts are that on 6th November, 2019 around 1.00 a.m, respondent No.2 who was attached as Head Constable to Pandharpur Police Station had been to the house of the appellants to execute a warrant issued by J.M.F.C, Malshiras. A person sleeping in front of the house, after noticing the Police party, started abusing. Despite informing the appellants that it was a Police party who had been to their house in discharge of their official duties, the appellants created hurdle by raising shouts and, therefore, warrant could not be executed. It is alleged that respondent No.2 belongs to 'Pardhi' community of which the appellants were aware and, therefore, not only they obstructed respondent No.2 from performing his public duty but they also abused on his caste by saying; " pardhya tula baghato, amhas pakdun neto ka, tuzya viruddha me khota gunha dakhal karto, sarkari gadi jalun takto, tuzi nokrihi ghalvito" It is further alleged that one of accused grabbed the uniform of respondent No.2. Subsequently, the accused made their escape good. The learned Additional Sessions Judge by the impugned order observed that, prima facie, the allegations of commission of offence under the Atrocities Act are made out from F.I.R since respondent No.2 was abused on his caste by the accused who knew respondent No.2 being a member of Pardhi community. Thus, it is observed that there is bar under section 18 and, therefore, the application under section 438 cannot be entertained. This appeal is already covered with an earlier judgment and order passed by this Court. This Court in Criminal Appeal No.1752 of 2019 arising out of the same crime, by a judgment and order dated 10th January, 2020 allowed the appeal of one of the accused Mohan Pandurang Gajare. It is apparent from the record that there is nothing to indicate that the appellants do not belong to schedule caste or schedule tribe communities. It is equally important to note that the incident alleged to have been occurred around 1.00 a.m within the premises of the house of the appellants and, therefore, it cannot be termed to be a place within public view. The most important aspect is that respondent No.2 had been to the house of the appellants to execute a warrant in discharge of his official duty and, therefore, there is no question of the appellants extending threats to respondent No.2 or to influence him in any manner whatsoever. There is even no question of respondent No.2 getting cowed down by the appellants. Even if it is presumed for the sake of arguments that the appellants abused respondent No.2 on his caste by using word ' Pardhi' , as already stated, there is nothing on record to show that the appellants themselves belong to higher caste. If respondent No.2 had been to execute the warrant, it is highly improbable that the appellants would abuse the Police on his caste especially when he was with Police team comprising several Police men. 4/5 Thus, in view of the aforesaid observations, the impugned order needs to be quashed by allowing the appeal. Now, to the order; : O R D E R : [1] The appeal is allowed. [2] In the event of their arrest, the appellants be released on executing a P.R. bond in the sum of Rs.25,000/- each with one or two sureties in the like amount to the satisfaction of the Additional Sessions Judge, Pandharpur. [3] The appellants shall not, in any manner whatsoever, influence the prosecution witnesses either directly or indirectly. [4] The appellants shall attend the concerned Police station on every Friday between 3.00 p.m and 6.00 p.m till filing of the charge-sheet. The appeal stands disposed of in the aforesaid terms. [PRITHVIRAJ K. CHAVAN, J.]

Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION 1/1 WRIT PETITION NO. 1956 OF 2023 Mohammad Yasin Ismail Shaikh ...Petitioner Versus The State Of Maharashtra & Anr ...Respondent Mr. Suryajeet P. Chavan for the Petitioner Ms. M. H. Mhatre, APP for the Respondent-State. CORAM : NITIN W. SAMBRE & SHARMILA U. DESHMUKH, JJ DATED : 15th JUNE, 2023 P.C.: Issue notice to the Respondents, returnable on 13/07/2023. Learned APP waives service of notice on behalf of Respondent No. 1-State. Stand over to 13/07/2023. (SHARMILA U. DESHMUKH, J) (NITIN W. SAMBRE, J.)

Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3987 OF 2022 Ghulam Murtuza Ansari ...Petitioner Versus State Of Maharashtra And Anr ...Respondents WITH CRIMINAL WRIT PETITION NO. 1956 OF 2023 Mohammad Yasin Ismail Shaikh ...Petitioner Versus The State Of Maharashtra And Anr ...Respondents WITH CRIMINAL WRIT PETITION (ST) NO. 8938 OF 2023 Mohammad Amirsab Hussain Petitioner Versus The State Of Maharashtra And Anr Respondents Mr.Suryajeet P. Chavan Advocate for Petitioners. None for Respondent No.2. Ms. Kirti T. Hivrale, APP for Respondent-State. CORAM : PRAKASH D. NAIK & N. R. BORKAR, JJ. DATE : 5th MARCH 2024 P.C.:- None appears for Respondent No.2. Stand over to 27th March 2024. Interim relief, if any, granted earlier shall continue to operate till next date. (N. R. BORKAR, J.) (PRAKASH D. NAIK, J.) Dnyaneshwar Ethape, P.A. 1 DNYANESHWAR ASHOK Digitally signed by ETHAPE DNYANESHWAR ASHOK Date: 2024.03.07 14:50:15 +0530