High Court reserved pre-arrest bail to the applicant in CR No. 17 of 2023. The court held that allegations under Sections 323, 504, 506 IPC are made out, while extortion and cheating charges remain vague, warranting bail.
Released on bail on furnishing 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.
2023:BHC-AS:30083
38-ABA931-2023.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 931 OF 2023
Swapnil Bhausaheb Sobale ...Applicant Versus State of Maharashtra …Respondent
Mr. Nitin Gaware Patil, for the Applicant. Mr. Shrikant Yadav, APP for the State/Respondent. ASI M. M. Pangare, Mahalunge MIDC Police Station, present.
CORAM: N. J. JAMADAR, J. DATED: 10th OCTOBER, 2023
Order:-
has been granted to the applicant. I have perused the allegations in the FIR. At best the offences punishable under Sections 323, 504 and 506 of the Penal Code can be said to
have been made out from the allegations in the FIR. Further allegations of extortion and cheating are vague and omnibus.
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38-ABA931-2023.DOC
Custodial interrogation of the applicant is not at all warranted. I am, therefore, inclined to exercise the discretion in favour of the applicant.
: O R D E R :
(iv) The applicant shall regularly attend the proceedings before the jurisdictional Court.
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38-ABA931-2023.DOC
are confined to determine entitlement to pre-arrest bail only.
Application stands disposed.
[N. J. JAMADAR, J.]
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2 issues framed by the court
Whether the applicant is entitled to pre-arrest bail in the present allegations.
Whether there is a prima facie case for custody for the offences charged.
1 provisions across 1 enactments
Swapnil Bhausaheb Sobale
State of Maharashtra
N. J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
