Bail application allowed based on resolution of dispute and completion of investigation. Petitioner released on bond with reporting conditions and prohibition to tamper with evidence.
Bail granted on furnishing R. 30,000 bond with sureties, regular attendance, and reporting address changes.
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26-BA2194-2023.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2194 OF 2023
SANTOSH SUBHASH KULKARNI
Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2024.01.30 19:51:02 +0530
Sunil Lachhmandas Sharma ...Petitioner Versus The State of Maharashtra …Respondent
Mr. Manish Bhatia, for the Petitioner. Mrs. Geeta Mulekar, APP for the State/Respondent. Ms. Karishma Kachhila, for Respondent No.2. API Bagul, Ulhasnagar Police Station, present.
CORAM: N. J. JAMADAR, J. DATED: 29th JANUARY, 2024
ORDER:-
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26-BA2194-2023.DOC
Counsel for the applicant invites the attention of the Court to an order passed by this Court in ABA/2341/2023 dated 12th December, 2023, wherein, after noting the fact that the parties have amicably resolved the dispute, this court had made the order of interim bail dated 29th August, 2023 absolute.
Leave granted.
ORDER
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26-BA2194-2023.DOC
bail in CR No.227 of 2023 registered with Ulhasnagar Police
Station, Thane, on furnishing a P.R. Bond of Rs. 30,000/with one or more sureties in the like amount.
(iii) The applicant shall mark his presence at the Ulhasnagar Police Station on the first Monday of every alternate month in between 10.00 am. to 12.00 noon for the period of two years or till conclusion of the trial arisen out of CR No.227 of 2023, whichever is earlier.
(iv) The applicant shall not tamper with the prosecution evidence. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any police officer.
investigating officer and shall keep him updated, in case there is any change.
(vi) The applicant shall regularly attend the proceedings before the jurisdictional Court.
(vii) By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination of the entitlement for bail and they may not
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26-BA2194-2023.DOC
be construed as an expression of opinion on the guilt or
otherwise of the applicant and the trial Court shall not be influenced by any of the observations made hereinabove.
Application disposed.
[N. J. JAMADAR, J.]
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1 issue framed by the court
Whether the petitioner is entitled to bail given the resolution of the dispute and completion of investigation.
2 provisions across 2 enactments
SANTOSH SUBHASH KULKARNI
SUNIL LACHHMANDAS SHARMA
THE STATE OF MAHARASHTRA
N. J. JAMADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
