Allowed

Samadhan Navnath Chandankar and Ors. v. the State of Maharashtra

Bombay HC14 Oct 2010APPA/1239/2010

Case brief

AI extract

What is this about?

In this criminal application, the High Court reconsidered the bail aspect for appellants convicted mainly under Section 304 Part II IPC. Observing that they had undergone significant custody for the imposed maximum sentence of five years, the Court granted bail.

What did the court decide?

Appellants released on bail inclusive of one or two sureties for Rs. 30,000/- each, to appear fortnightly at Tembhurni Police Station.

Samadhan Navnath Chandankar and Ors. Vs the State of… — Bail and Remand | Bombay HC (2010)

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31b. cr appa 123910.doc

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RMA

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 1239 OF 2010 IN CRIMINAL APPEAL NO. 746 OF 2010

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Samadhan Navnath Chandankar & Ors

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.. Applicants

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Vs

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The State of Maharashtra

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.. Respondent

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Mr. V.V. Purwant for the Applicants

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Mr. H.J. Dedhia, APP for the State

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CORAM : SMT. V.K. TAHILRAMANI, J

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DATE : 14th OCTOBER, 2010.

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P.C.:

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1. Heard learned advocate for the applicants-original accused nos.2 to 6 and 9 and learned APP for the State.

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2. The applicants have been convicted mainly under Section 304 Part II of IPC. The appeal preferred by them against the said order has been admitted. Now, the applicants are seeking bail.

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3. Learned advocate for the applicants stated that besides this case, the applicants have a clean record. He further stated that the applicants were on bail during the trial and they have not misused the liberty granted to them. Both these statements have not been controverted by learned APP.

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31b. cr appa 123910.doc

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4. Learned advocate for the applicants further submitted that applicant no.2 Narayan, applicant no. 4 Sudarshan and applicant no. 3 Kailash have been in custody for three years, applicant no. 1 Samadhan and applicant no. 6 Pratap have been in custody for 13 months and applicant no. 5 Pratap has been in custody for 8 months. He pointed out that the maximum sentence imposed on the applicants is five years, hence, looking to the period of custody undergone by them, the applicants may be granted bail.

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5. Looking to the above facts, I am inclined to grant bail to the applicants. Hence, the order:

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O R D E R

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1. Applicants i.e Samadhan Navnath Chandankar, Narayan Bibhishan Chandankar, Kailash Narayan Chandankar, Sudarshan Bibhishan Chandankar, Pratap Bibhishan Chandankar and Chandrakant Navnath Chandankar be released on bail in the sum of Rs. 30,000/- [Rs. Thirty Thousand Only ] each with one or two sureties to make up the said amount. The Applicant shall report to the Tembhurni Police Station once in a fortnight till disposal of the appeal.

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2. Application is allowed in above terms.

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31b. cr appa 123910.doc

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Samadhan Navnath Chandankar and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Samadhan Navnath Chandankar and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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