The Bombay High Court rejected an anticipatory bail application under the Bhushan Shah order. The applicant faced cheating charges (Secs. 420, 406 IPC) and had several similar previous cases, mandatory POCOs, and pending Section 138 cases with non-bailable warrants issued against him.
Application stands rejected.
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.
4-ABA3243-2023.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 3243 OF 2023
SANTOSH SUBHASH KULKARNI
Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2023.12.02 17:20:06 +0530
Pravin Namdeo Patil ...Applicant
Versus State of Maharashtra and anr. …Respondents
Mr. Amit Mane, for the Applicant. Smt. Ashwini Takalkar, APP for the State/Respondent. PSI Dipak Ghuge, Kalwa Police Station, Thane City, present.
CORAM: N. J. JAMADAR, J. DATED: 1st DECEMBER, 2023
ORDER:-
learned APP for the State.
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4-ABA3243-2023.DOC
representation that it would be sold for Rs.5,50,000/-. After few days, the first informant enquired with the applicant and the co-accused about the said car and the sale thereof. They started to avoid the first informant. Further enquiries revealed that the applicant and the co-accused had deceived many persons in similar fashion. Hence, the first informant lodged the report.
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4-ABA3243-2023.DOC
Section 420, have been registered against the applicant. It seems the applicant has made himself scarce. The learned Counsel for the applicant attempted to salvage the position by submitting that few of the complaints under Section 138 of the Negotiable Insturments Act, 1881, are pending against the applicant and in those complaints non-bailable warrants have been issued.
: O R D E R :
[N. J. JAMADAR, J.]
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2 issues framed by the court
Whether anticipatory bail should be granted to the appellant who has antecedents of similar cheating offences, including pending Section 138 cases?
Whether the recovery of the car and the nature of the accusation warrant custodial interrogation or bail?
3 provisions across 2 enactments
SANTOSH SUBHASH KULKARNI
STATE OF MAHARASHTRA
N. J. JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
