On 13 July 2023, the Bombay High Court granted bail to three applicants in connection with C.R. No.386 of 2022 by an order under Section 439 Cr.P.C.
The applications were allowed and applicants were released on bail by furnishing surety bonds and complying with attendance and stay conditions.
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.
906.ba-996-23@[email protected]
SA Pathan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 996 OF 2023
SHABNOOR AYUB PATHAN
Digitally signed by SHABNOORAYUB PATHAN Date: 2023.08.10 10:16:16 +0530
Jaffar Chhotu Alias Chhotumiya Kureshi Alias Jafar Chotu Bepari … Applicant V/s. The State of Maharashtra … Respondent
WITH
BAIL APPLICATION NO. 1001 OF 2023
Tamin Salman Saudagar Alias Mohammand Tamim Abdulsalam Saudagar & Anr. … Applicants V/s. The State of Maharashtra … Respondent
WITH
BAIL APPLICATION NO. 1092 OF 2023
Atif Rajjak Bepari … Applicant V/s. The State of Maharashtra … Respondent
Mr. Nitin Gaware Patil a/w Mr. Anandmaya Dhorde and Mr. Arif Qureshi a/w Mr. Abhishek D. Nagode, for the Applicant.
Mrs. Veera Shinde, APP for State-Respondent.
CORAM : AMIT BORKAR, J.
DATED : JULY 13, 2023
P.C.:
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906.ba-996-23@[email protected]
C.R. No.386 of 2022 registered with Junnar police station, Pune for offences punishable under Sections 143, 145, 147, 148, 149, 307, 323, 324 and 506 of the Indian Penal Code (for short ‘IPC’) and under Sections 5(a), 5(b), 9 and 11 of Animal Protection Act.
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906.ba-996-23@[email protected]
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906.ba-996-23@[email protected]
registered with Junnar police station, Pune for offences punishable under Sections 143, 145, 147, 148, 149, 307, 323, 324 and 506 of IPC and under Sections 5(a), 5(b), 9 and 11 of Animal Protection Act, on furnishing P.R. Bond in the sum of Rs.25,000/- each, with one or two sureties in the like amount.
c) Applicants shall mark their attendance with the concern police station on first Saturday of each month between between 11:00 am to 2:00 pm till conclusion of trial.
d) Applicants shall remain present before the trial Court on each date unless exempted by the Sessions Court.
e) Applicants shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
f) Applicants shall, at the time of execution of the bond, furnish their addresses and mobile numbers to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case.
(AMIT BORKAR, J.)
Note: This order is modified as per orders dated 9 August 2023 passed in IA/2593/2023 & IA/2596/2023 to correct the names of applicants in BA/996/2023 & ABA/1001/2023. The corrections are shown in italicize.
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1 issue framed by the court
Whether bail should be granted to the applicants under Section 439 Cr.P.C. despite antecedents allegations.
3 provisions across 3 enactments
Jaffar Chhotu Alias Chhotumiya Kureshi Alias Jafar Chotu Bepari
Tamin Salman Saudagar Alias Mohammand Tamim Abdulsalam Saudagar
Atif Rajjak Bepari
The State of Maharashtra
Amit Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
