Dismissed

Ganesh Hanumant Ghuge v. State of Maharashtra

Bombay HC22 Feb 2023IA/664/2023

Case brief

AI extract

What is this about?

In an interim bail application, the High Court of Judicature at Bombay rejected the applicant's plea for temporary bail to act in a movie. The court held that engaging in a film project, even if based on the applicant's own book, is not a valid ground for releasing him before the expiry of his life sentence.

What did the court decide?

Application rejected and disposed of; temporary bail from 1st March, 2023 not granted.

Ganesh Hanumant Ghuge Vs State of Maharashtra — Contract and Commercial Disputes | Bombay HC (2023)

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904-IA-664-2023.doc

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Shailaja

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.664 OF 2023

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IN

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CRIMINAL APPEAL NO.425 OF 2013

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Ganesh Hanumant Ghuge]Applicant
Vs.
State of Maharashtra]Respondent

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Mr. Sushan Mhatre, for Applicant.

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Ms. P.P. Shinde, A.P. P, for Respondent No.1-State.

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CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, J.J.

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 DATE : 22nd February, 2023.
P.C.

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1. Heard learned Counsel for the parties.

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2. By this Interim Application, the applicant seeks his release on

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temporary bail from 1st March, 2023 for a period of three months.
The ground on which the temporary bail is sought is that the
applicant wants to act in a movie, based on a book, authored by
him i.e “shevatche shvasaparyant".

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3. Learned Counsel for the applicant states that the applicant

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intends to act in a movie based on his book titled as “till last

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SHAILAJA SHRIKANT Digitally signed by SHAILAJASHRIKANT HALKUDE HALKUDE Date: 2023.02.24 19:15:19 +0530

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904-IA-664-2023.doc

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breath". He submits that the movie is to be produced by 21st
Century Phoenix Film. Learned Counsel relied on the letter
addressed by the 21st Century Phoenix Films to the applicant. By
the said letter, the said production house had requested the
applicant to write the script and screenplay for the said film.
Learned Counsel further submits that the said script titled as
"Shevatche Shvasaparyant" is written by the applicant and
registered with the Screenwriter's Association, of which, he is a
member. According to the learned Counsel, considering the
applicant’s conduct, he has been transferred to open prison and that
he has written 9 novels, 3 spiritual books and one "kavyasangrah"
during his incarceration. He submits that the applicant is a model
prisoner and a Yoga Instructor in the prison.

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4. Learned A.P.P vehemently opposed the application. She submits that temporary bail cannot be granted for the aforesaid reasons, as sought by the applicant.

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5. Perused the papers. The applicant has been convicted and sentenced to suffer life imprisonment in connection with C.R. No.100 of 2008 for the offences punishable under sections 302,

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904-IA-664-2023.doc

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364, 365, 342, 384 and 201 of the Indian Penal Code. It is not in
dispute that the applicant has been in the custody for last 15 years
and 6 months. It is also not in dispute that having regard to the
applicant's conduct, he is presently placed in the open prison, that
he has written several books, however, the ground on which
temporary bail for three months is sought i.e for acting in a Movie,
which is based on his book, cannot be a ground for releasing him on
temporary bail.

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6. Considering the aforesaid, there is no merit in the application.

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Hence, the application is rejected.

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7. Application stands disposed of.

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[PRITHVIRAJ K. CHAVAN, J.] [REVATI MOHITE DERE, J.]

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Ganesh Hanumant Ghuge v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ganesh Hanumant Ghuge 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

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