The High Court allowed anticipatory bail applications filed by Santosh Subhash Kulkarni and others in CR No. 42 of 2023 involving alleged assault and activities akin to rioting at Kodoli, Kolhapur, deeming the murder charge debatable and hearing applicants.
Bail granted on furnishing a PR Bond of Rs. 30,000 with one or two sureties in like amount.
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.
47-ABA1317-2023.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1317 OF 2023
SANTOSH SUBHASH KULKARNI
Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2023.12.22 17:32:44 +0530
Vijay Ganpati Chopde ...Applicant
Versus
The State of Maharashtra …Respondent
WITH
ANTICIPATORY BAIL APPLICATION NO. 1287 OF 2023
The State of Maharashtra …Respondent
Mr. Satyavrat Joshi, i/b Shivani Kondekar, for the Applicant in ABA/1317/2023.
Mr. Sachin Rajepandhare, i/b Nikita Kamble, for the Applicants in ABA/1287/2023.
Mr. S. H. Yadav, APP for the State/Respondent. PSI N. B. Patil, Kodoli Police Station, present.
CORAM: N. J. JAMADAR, J. DATED: 18th DECEMBER, 2023
ORDER:-
Kolhapur, for the offences punishable under Sections 143,
147, 326, 323, 148, 149 and 504 of the Indian Penal Code, 1860 (“the Penal Code”).
1/4
47-ABA1317-2023.DOC
2/4
47-ABA1317-2023.DOC
be said to have been made would be a matter for adjudication
at the trial. Since the very applicability of the provisions contained under Section 326 of the Penal Code prima facie appears to be debatable and the applicants are on interim protection and they have appeared before the Investigating Officer, I am inclined to allow these applications.
: O R D E R :
(i) In the event of arrest of Vijay Ganpat Chopde, applicant in ABA/1317/2023 and Abhay Vishnu Chopade and Santosh Waltyer Chopade, applicants in ABA/1287/2023, in CR No.42 of 2023, registered with Kodoli Police Station, Kolhapur, the applicants be released on bail on furnishing a PR Bond in the sum of Rs.30,000/- with one or two sureties in the like amount, each.
(ii) The applicants shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant or any of the persons acquainted with the facts of the case.
(iii) The applicants shall regularly attend the proceedings before the jurisdictional Court.
3/4
47-ABA1317-2023.DOC
confined to determine entitlement to pre-arrest bail only.
Applications stand disposed.
[N. J. JAMADAR, J.]
4/4
2 issues framed by the court
Whether the applicants are entitled to pre-arrest bail in the facts of the case.
Whether the offence under Section 326 IPC was committed causing grievous injury.
1 provisions across 1 enactments
Santosh Subhash Kulkarni
Vijay Ganpati Chopde
Abhay Vishnu Chopade
Santosh Waltyer Chopade
The State of Maharashtra
N. J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
