Third bail application by an applicant held for over four years for offences including forgery punishable up to life imprisonment. Since two earlier applications had been dismissed on merits without change in circumstances, the application was rejected and the trial was ordered expedited.
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.
916.BA.1384.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1384 OF 2024
Shivani Sanjay Kadam
...Applicant
Versus
The State of Maharashtra ...Respondent
SHRIKANT SHRINIVAS MALANI
Digitally signed by SHRIKANT SHRINIVAS MALANI Date: 2024.07.31 17:52:24 +0530
WITH INTERIM APPLICATION NO. 2005 OF 2024
IN BAIL APPLICATION NO. 1384 OF 2024
Manohar Damodar Tank ...Intervener IN THE MATTER BETWEEN : Shivani Sanjay Kadam ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Sagar R. Agarkar, APP for Respondent.
CORAM : MANISH PITALE, J. DATE : 30th July, 2024.
P. C. :
applicant, Mr. Sagar Agarkar, learned APP for the state and Mr. Mithilesh Mishra, learned counsel for the intervenor (first informant).
Page1 of 3
Shrikant Malani
916.BA.1384.2024.doc
this is the third bail application filed by the applicant before this Court. The earlier two bail applications were dismissed on merits.
Page2 of 3
Shrikant Malani
916.BA.1384.2024.doc
applicant is alleged to have committed offence under Section 467 of the Indian Penal Code, which carries a maximum sentence up to life imprisonment. While dismissing the earlier two bail applications of the applicant on merit, this Court has gone into the said aspect of the matter and prima facie findings are rendered against the applicant. In such a situation, no ground is made out by the applicant for entertaining the present application.
(MANISH PITALE, J.)
Page3 of 3
Shrikant Malani
2 issues framed by the court
Whether a third bail application can be entertained after two earlier applications were dismissed on merits with no change in circumstances.
Whether over four years in custody justifies bail despite prior prima facie findings against the applicant.
1 provisions across 1 enactments
Shivani Sanjay Kadam
The State of Maharashtra
Manohar Damodar Tank
Manish Pitale
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
