Single judge granted bail to two applicants in IPC 395/397/120B cases, citing lack of material evidence recovery and doubts about complicity despite prior criminal records, imposing surety and reporting conditions.
Bail granted on personal bond of Rs. 25,000 each with sureties; applicants to appear monthly and not tamper with evidence.
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.
1/3
27.BA.3813.2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL JURISDICTION
BAIL APPLICATION NO. 3813 OF 2021
Akshay Ramchandra Chavan & Anr ....APPLICANTS V/S The State Of Maharashtra ....RESPONDENT
WITH BAIL APPLICATION NO. 543 OF 2022
Vishal Shivaji Kadam ....APPLICANT V/S State Of Maharashtra ....RESPONDENT
Ms. Tanvi Tapkire for the applicant in BA/3813/2021 Mr. Umesh Mankapure for the applicant in BA/543/2022 Ms P. N. Dabholkar, APP for the respondent-state.
CORAM : NITIN W. SAMBRE, J.
DATED : 28th September, 2022
P.C.:
on 31/05/2021 & 29/05/2021 respectively for an offence being crime no. 389 of 2018 registered with Kavathe Mahakal police station for the offence punishable under sections 395, 397, 120B r/w. 34 of IPC.
1/3
akn
2/3
27.BA.3813.2020.doc
applicant-Vishal Kadam an offence u/s. 380 of IPC is pending.
bond in the sum of Rs.25,000/- each with one or more sureties in the like amount.
2/3
akn
3/3
27.BA.3813.2020.doc
ANANTKRISHNANAIK Digitallysigned byANANTKRISHNANAIKDate:2022.09.3017:10:55+0530
(NITIN W. SAMBRE, J.)
3/3
akn
3 issues framed by the court
Whether applicants should be granted bail in crimes involving sections 395, 397, and 120B r/w. 34 of IPC.
Whether lack of physical recovery and inability to trace identity parade results warrants release on bail.
Whether the applicants' prior criminal antecedents are grounds for denying bail despite their availability for investigation.
Akshay Ramchandra Chavan & Anr
Vishal Shivaji Kadam
The State Of Maharashtra
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
