This bail application was allowed in a case under Section 307 IPC. The High Court held that further detention was not required after over twenty-eight months of custody, despite prosecution objections regarding witness tampering risks.
Applicant enlarged on bail on bond of Rs. 25,000 with one or two sureties in like amounts.
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.
14-BA-934-2022.doc
Shantanu Dhudum
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 934 OF 2022
Swapnil Prakash Khonde ...Applicant Versus State Of Maharashtra ...Respondent
Mr. Mahesh M. Funde for the Applicant. Mr. Y. Y. Dabke, APP, for the Respondent-State.
Digitally signed by SHANTANU SHANTANU SHANKARSA SHANKARSA DHUDUM DHUDUM Date: 2023.10.07 17:10:59 +0530
CORAM : SHIVKUMAR DIGE, J.
DATE : 26th SEPTEMBER 2023.
P.C. :
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14-BA-934-2022.doc
Shantanu Dhudum
Investigation is completed and charge-sheet has been filed. Medical report does not show that when complainant was admitted in the hospital, the injuries caused to the complainant were life threatening. Hence, requested to allow the application.
neck and wrist of complainant with cutter. The said cutter is recovered from the applicant. If applicant is released on bail, he may threaten the proseuction witnesses. Hence, requested to reject the application.
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14-BA-934-2022.doc
Shantanu Dhudum
ORDER
(i) Applicant be enlarged on bail in Crime No. 78 of 2021 registered with Badlapur (East) police station, Thane, on executing P.R. Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.
(ii) Applicant shall attend the concerned police station once in a month i.e. on first Saturday between 11:00 a.m. to 2:00 p.m. till framing of charge.
(iii) Applicant shall not tamper with the evidence and/or influence the prosueciton witnesses.
(iv) The Trial Court shall decide the said case on its own merits, in accordance with law uninfluenced by the observations made in this order.
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14-BA-934-2022.doc
Shantanu Dhudum
order.
(SHIVKUMAR DIGE, J.)
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1 issue framed by the court
Whether the applicant is entitled to bail in an offence under Section 307 IPC after over twenty-eight months of detention.
1 provisions across 1 enactments
Swapnil Prakash Khonde
State Of Maharashtra
Shivkumar Dige
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
