Allowed

Manohar Mahadev Shinde v. the State of Maharashtra

Bombay HC15 Dec 2006APPLN/3978/2006

Case brief

AI extract

What is this about?

The High Court, in a criminal appeal regarding bail, granted temporary bail to the applicant on humanitarian grounds to attend his wife's knee surgery. He was released for four weeks on Rs. 5000 bail with sureties, subject to reporting conditions and a prohibition on interfering with evidence.

What did the court decide?

Temporary bail granted for four weeks on Rs. 5000 with one or two sureties, subject to reporting to police and CID and prohibition on tampering with evidence.

Manohar Mahadev Shinde Vs the State of Maharashtra — Bail and Remand | Bombay HC (2006)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CRIMINAL APPELLATE JURISDICTION

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 CRIMINAL APPLICATION NO. 3978 OF 2006

¶4

 Mr.Manohar Mahadev Shinde ...Applicant
 V/s.

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 The State of Maharashtra ...Respondent

¶6

 S/Shri S.K. Shinde with K.R. Jagdale for the
 Applicant.

¶7

 S/Shri Raja Thakore, Special P.P. with Rajesh More, APP
 for the State.

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CORAM : V.M. KANADE, J.

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DATED : DECEMBER 15, 2006

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P.C. :-

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 1. Heard the learned Counsel for the applicant and
 the learned Counsel for the respondent.

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 2. This is a second application for bail filed by
 the applicant on medical ground. The first application
 was rejected by this Court by Order dated 3rd May, 2006.
 In the second application, the applicant is seeking
 temporary bail on the ground that his wife is going to
 be admitted for a knee ailment on 23rd December, 2006.
 The applicant has filed affidavit of his wife
 Mrs.Manisha Manohar Shinde in which she has stated that
 surgery on her left knee is going to be held on 23rd

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 - 2 -

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 December, 2006. She has further stated that the Doctor
 has advised her to be in the hospital for 15 days after
 the operation.

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 3. Shri Thakore, learned Counsel for for the

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 respondent has taken instructions and the statement of
 the wife has been recorded by the concerned API. In the
 said statement although she has stated that she is
 taking treatment for her knee problem and the operation
 is scheduled to be held in December, Shri Thakore,
 learned Counsel for the respondent has vehemently
 opposed the said grant of temporary bail. He has
 submitted that at the highest, the applicant may be
 released for a period of one week before the operation.
 He has invited my attention to para 7 of the order of
 this Court dated 3rd May, 2006 in which it has been
 stated that there is possibility of the applicant
 tampering with the evidence or threatening the
 witnesses. It is also submitted that further
 investigation will be made in respect of the other
 accused and the investigating Officer has gone to Canada
 for that purpose and the report will be received within

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 - 3 -

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 a short time.

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 4. In my view, this is a fit case for grant of
 temporary bail for a period of four weeks. The

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 applicant’s wife is to be operated in the third week of
 December and there is no one to look after her and their
 children. Therefore, on humanitarian ground, the
 applicant is directed to be released on temporary bail
 for a period of four weeks from 20th December, 2006 in
 the sum of Rs.5000/- with one or two sureties in the
 like amount. The applicant shall however report to
 Dharavi Police Station every day between 4.00 p.m. to
 6.00 p.m. and shall report DCB, CID, Unit-2 at Satrasta

¶21

 once in ten days. The applicant shall not tamper with
 the evidence or threaten the witnesses and if any
 complaint is received, liberty is granted to the
 prosecution to apply for cancellation of bail. The
 applicant shall surrender after the period of four weeks
 is over.

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 . Application is disposed of in the above terms.

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 - 4 -

¶24

(V.M. Kanade, J.)

Manohar Mahadev Shinde v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Manohar Mahadev Shinde v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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