The High Court allowed the appeals filed by accused persons against the Sessions Court order rejecting their anticipatory bail applications, quashed the impugned order, and granted bail.
Both appeals allowed; impugned order of Sessions Court quashed; appellants released on bail by furnishing bond and sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Mhi 1
Appeal-679-680-17.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 679 OF 2017
| 1. | Bharat Ashok Mande | ) | |
|---|---|---|---|
| 2. | Bajirao Chintaman Nawle Vs. |
) ... | Appellants |
| The | State of Maharashtra & Anr. | … | Respondents |
WITH CRIMINAL APPEAL NO. 680 OF 2017
| Uttam Rambhau Mande vs. |
.. | Appellant |
|---|---|---|
| The State of Maharashtra & Anr. | .. | Respondents |
Mr. Datta Mane, for the appellant (in both matters) Mr. A.R.Kapadnis, APP, for the State. Mr. Atul Anand Donde, respondent No.2 present.
CORAM: RANJIT MORE & SMT.SADHANA S.JADHAV, JJ. DATE : 25th September, 2017.
P.C .
The appellants in Criminal Appeal No.679 of 2017 are the original accused Nos. 1 and 2 and the appellant in Criminal Appeal No.680 of 2017 is the original accused No.3 in the FIR No.111/2017 registered with Ghoti Police Station, Taluka Igatpuri, Dist. Nashik at the instance of respondent No.2 – complainant Atul Anand Donde for the offences punishable under Sections 420, 409, 323, 143, 147, 149, 394, 395, 504,
Mhi 2 Appeal-679-680-17.sxw 506, 120B read with Section 34 of the Indian Penal Code and under Section 3(1)(x) and 3(2)(vii) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
O R D E R
(ii) The impugned order dated 15.7.2017 passed by the Addl. Sessions Judge-4, Nashik in Criminal Misc. Bail Application No.818 of
Mhi 3 Appeal-679-680-17.sxw 2017 (which is the subject matter of both the Appeals) is hereby quashed and set aside.
(iii) In the event of their arrest, the appellants in Criminal Appeal No.679 of 2017 and Criminal Appeal No.680 of 2017 shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties in the like amount.
Both the Appeals are disposed of.
[SMT. SADHANA S.JADHAV, J.] [RANJIT MORE,J.)
2 issues framed by the court
Whether the rejection of anticipatory bail applications by the lower court should be set aside.
Whether the appellants should be granted anticipatory bail in the charges under the SC/ST Act and other sections.
Bharat Ashok Mande
Bajirao Chintaman Nawle
Uttam Rambhau Mande
State of Maharashtra
Atul Anand Donde
Ranjit More
Sadhana S. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
