Allowed

Jyosna Suhas Tapkir v. State of Maharashtra

Bombay HC12 Dec 2023ABA/1789/2023

Case brief

AI extract

What is this about?

The court converted interim anticipatory bail orders to absolute orders for two applicants facing charges under the IPC in a case involving unnatural death. This decision followed a medical opinion attributing the cause of death to myocardial infarction, establishing no prima facie evidence of intention to kill.

What did the court decide?

The interim bail orders dated 28th June, 2023 and 10th November, 2023 were made absolute.

Jyosna Suhas Tapkir Vs State of Maharashtra — Anticipatory Bail | Bombay HC (2023)

¶1

19-ABA1789-2023-.DOC

¶2

Santosh

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶4

ANTICIPATORY BAIL APPLICATION NO. 1789 OF 2023

¶5

SANTOSH SUBHASH KULKARNI

¶6

Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2023.12.15 12:53:15 +0530

¶7

Jyosna Suhas Tapkir ...Applicant Versus State of Maharashtra …Respondent

¶8

WITH

¶9

ANTICIPATORY BAIL APPLICATION NO. 3232 OF 2023

¶10

Shakuntala Dattatray Kamthe ...Applicant Versus State of Maharashtra …Respondent

¶11

Mr. Abhijeet Desai, a/w Karan Gajra, Daksha Panghera and Vijay Singh, i/b Desai Legal, for the Applicant in ABA/1789/2023.

¶12

Mr. Shreyas Adyanthaya, for the Applicant in ABA/3232/2023.

¶13

Ms. Anamika Malhotra, APP for the State/Respondent. HC Hemant Dumbre, Dighi Police Station, PimpriChinchwad, present.

¶14

CORAM: N. J. JAMADAR, J. DATED: 12^th DECEMBER, 2023

¶15

PC:-

¶16

1. Heard the learned Counsel for the parties.

¶17

2. These applications are for pre-arrest bail in connection

¶18

with CR No.25 of 2023 registered with Dighi Police Station,

¶19

Pimpri-Chinchwad, for the offences punishable under

¶20

Sections 304, 114, 504, 506 and 298 read with Section 34 of

¶21

the Indian Penal Code, 1860.

¶22

1/3

¶23

19-ABA1789-2023-.DOC

¶24

By an order dated 28^th June, 2023 passed in ABA/1864/2023 this Court had granted interim protection opining inter alia that the role attributed to the applicant is that of manhandling the deceased. In ABA/3232/2023 interim bail came to be granted to the applicant Shakuntala Dattatray Kamthe by an order dated 10^th November, 2023 on the basis of the aforesaid dispensation given to co-accused Jyosna Tapkir.

¶25

The learned APP fairly invites the attention of the Court to the opinion of the Medical Officer as to the cause of death. The learned Counsel for the applicant in ABA/1789/2023 invited the attention of the Court to the observations of the learned Additional Sessions Judge in the order dated 17^th February, 2023, whereby the co-accused were released on bail, to the effect that there was prima facie no evidence to show that the accused had intention to kill the deceased and

¶26

the opinion as to the cause of death was then awaited.

¶27

The learned Medical Officer has opined that the deceased died due to myocardial infarction with complicated coronary atherosclerosis of left coronary artery associated with chronic liver parenchymal disease with portal hypertension.

¶28

2/3

¶29

19-ABA1789-2023-.DOC

¶30

In view of the aforesaid opinion, the very factum of the

¶31

unnatural death of the deceased enters into the arena of controversy. I am, therefore, impelled to make the orders of interim bail absolute.

¶32

Hence, the following order:

¶33

(i) Interim bail order dated 28^th June, 2023 in

¶34

ABA/1789/2023 and interim bail order dated 10^th November, 203 in ABA/3232/2023 are made absolute on the terms and conditions incorporated therein.

¶35

(ii) The applicants shall regularly attend the proceedings before the jurisdictional Court.

¶36

(iii) It is clarified that these prima facie observations are confined to determine entitlement to pre-arrest bail only.

¶37

Applications stand disposed.

¶38

[N. J. JAMADAR, J.]

¶39

3/3

Jyosna Suhas Tapkir v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Jyosna Suhas Tapkir v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohammad Azaruddin Mulla Vs State of Maharashtra

Mohd Shadab Mohd Irfan Vs State of Maharashtra

Rakesh Haridas Pawar Vs State of Maharashtra

Vinod Muktinath Sharma Vs the State of Maharashtra

Anil Dattaraya Kachare Vs State of Maharashtra

Baputaj Chamantaj Patil Vs State of Maharashtra