Bail applications by Sachin Manik Chavan and Swapnil Ashok Sidhanale, arrested for kidnapping and extortion connected to a debt dispute, were allowed on bonds and reporting conditions.
Applicants released on P.R. Bond of Rs. 25,000 each with sureties and directed to report to police station monthly.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 2483 OF 2019
Sachin Manik Chavan
...Applicant
V/s
The State of Maharashtra
...Respondent
WITH
CRIMINAL BAIL APPLICATION NO. 2287 OF 2019
Swapnil Ashok Sidhanale …Applicant V/s. The State of Maharashtra ...Respondent
Mr. Sanjeev Kadam a/w. Sarthak Diwan a/w. Prashant P. Raul i/b. Suvarna A. Vast for the applicant. Mr. S. H. Yadav APP for the State/Respondent.
CORAM : PRAKASH D. NAIK, J. DATE : 12TH DECEMBER, 2019
PC :
Ganesh Lokhande
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Ganesh Lokhande
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pointing knife at him, he was threatened for not making payment to Swapnil. He was assaulted with fst and kick blows. He was assaulted by knife on his head. Accused took him in the car. He was taken to several places. Subsequently, call was made to the son of the complainant, threats were issued. On 28th February, 2019, applicant Sachin Chavan alighted him from vehicle. Before that accused were planning to throw him on track. Accused Sidhanath came in car of complainant. He was taken to a building. He was provided meal and allowed to sleep. The accused demanded money. He was assaulted. He was told to arrange Ten Lakhs. Complainant was given snacks. He was made to part an amount of Rupees Five Lakhs through RTGS. The complainant was detained with the accused from 27th February, 2019 to 1st March, 2019. The complainant had agreed to settle the matter. Complainant informed the police and the applicants were arrested on 1st March, 2019. Statement of various persons were recorded during the course of investigation, charge-sheet is fled.
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prosecution is that since dues were not paid, he was abducted and call for ransom was made. It is submitted that the statement of witnesses would indicate that the complainant did not raise any shouts while he was accompanying with the accused. It is submitted that the version of the complainant is contrary to medical certifcate. The applicants are in custody from the date of arrest. There are no criminal antecedents against them.
Ganesh Lokhande
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allegedly abducted for non-payment of dues. The complainant has stated that he was in fnancial crunch hence he could not make the balance payment. He had assured the complainant that he would make the payment gradually. The statement of the witnesses indicate that he was taken to various places. The injury certifcate refers to injury in the nature of blunt trauma to the upper arm, arm, right hip, trunk and thigh of the complainant, which was simple in nature. Indeed, the alleged mode adopted by accused is not justifable. The applicants are in custody from 1st March, 2019. Investigation is completed and charge-sheet is fled. There is no recovery of knife from the arrested accused. The other accused were arrested and they were granted bail. The prosecution could not point out criminal antecedents against the applicants. In this circumstances, further detention of the applicant is not called for. Bail can be granted on certain terms and conditions.
ORDER
(i) Bail Application No. 2483 of 2019 and Bail Application No. 2287 of 2019, are allowed;
(ii) The applicants are directed to be released on
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bail in connection with C.R. No. 95 of 2019, registered with Karveer Police Station, Kolhapur, on furnishing P.R. Bond in the sum of Rs.25,000/-, each with one or more sureties in the like amount;
(iii) The applicants are directed to report the concerned Police Station, once in a month on frst Saturday of every month between 10:00 a.m. to 12:00 noon till further order;
(iv) Bail Applications stands disposed of accordingly.
(PRAKASH D. NAIK, J.)
Ganesh Lokhande
1 issue framed by the court
Whether bail should be granted to the applicants charged with offences under Sections 364A and 120-B IPC.
1 provisions across 1 enactments
Sachin Manik Chavan
Swapnil Ashok Sidhanale
The State of Maharashtra
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
