Allowed

Sunil Bherulal Joshi v. State of Maharashtra

Bombay HC26 Oct 2023ABA/1462/2022

Case brief

AI extract

What is this about?

The Single Judge High Court of Judicature at Bombay made the interim bail orders absolute for two applicants in connection with offences under sections 376, 498-A, and 384 of the IPC, noting their cooperation and stating that observations are confined to pre-arrest bail.

What did the court decide?

The order of interim bail for Bherulal Joshi and Sunil Joshi was made absolute on existing terms including attendance in court and non-tampering.

Sunil Bherulal Joshi Vs State of Maharashtra — Matrimonial and Divorce | Bombay HC (2023)

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20-aba-1484-2022.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.1484 OF 2022

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Bherulal Govind Joshi ...Applicant vs. The State of Maharashtra ...Respondent

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WITH

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ANTICIPATORY BAIL APPLICATION NO.1462 OF 2022

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Sunil Bherulal Joshi ...Applicant vs. The State of Maharashtra ...Respondent

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Mr. Alankar Kirpekar a/w. Ms. Lalita Rajguru, Mr. Piyush Tiwari i/b. Lalita Rajguru, for the Applicant Mr. S.H. Yadav, APP, for the Respondent/State.

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Mr. Vinayak Jadhav, API, Naya Nagar police station.

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CORAM : N. J. JAMADAR, J. DATE : OCTOBER 26, 2023

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P.C.:

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Heard the learned counsel for the applicant and the learned APP for the State.

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This application is preferred seeking pre-arrest bail in connection with C.R. No. 213 of 2023 registered at Naya Nagar police station for the offences punishable under sections 376 and 498-A and 384 of Indian penal Code, 1860.

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The applicant in ABA No. 1484 of 2022 is the father in law of the first informant. The applicant in ABA No. 1462 of 2022 is her husband. In ABA No. 1484 of 2022, by an order dated 7^th June,

Vishal Parekar

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20-aba-1484-2022.doc

2022 this Court was persuaded to grant interim protection ascribing reasons. The applicant in ABA No. 1462 of 2022 was also granted interim protection by an order dated 13^th June, 2022. Both the applicants have attended the police station and cooperated with the investigation.

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So far as the applicant in ABA No. 1484 of 2022, the allegations are of illtreatment and sexual assault. While granting interim bail, this Court had adverted to the aspects of delay and the element of probability. Those reasons also weigh with the Court, in making the order of interim bail absolute.

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So far as the applicant in ABA No. 1462 of 2022 the allegations are primarily of matrimonial cruelty. I am, therefore, inclined to make the order of interim bail absolute qua Sunil Joshi as well.

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The order of interim bail dated 7^th June, 2022 qua the applicant Bherulal Joshi (ABA No. 1484 of 2022) is made absolute on the terms and conditions incorporated therein.

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The order of temporary bail dated 13^th June, 2022 qua the applicant Sunil Joshi (ABA No. 1462 of 2022) is made absolute on the terms and conditions incorporated therein.

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The applicants henceforth shall appear before the investigating officer as and when directed.

Vishal Parekar

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20-aba-1484-2022.doc

The applicants shall not tamper with the prosecution evidence and give threat or inducement to first informant, any of the prosecution witnesses or any person acquainted with the facts of the case.

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The applicants shall regularly attend the proceedings before the jurisdictional Court.

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It is clarified that these prima facie observations are confined

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to determine entitlement to pre-arrest bail only.

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Applications disposed.

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(N. J. JAMADAR, J.)

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Vishal Parekar

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...3

Sunil Bherulal Joshi v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sunil Bherulal Joshi v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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