The High Court relaxed bail conditions restricting the applicant from entering Maharashtra. New reporting conditions were imposed to address witness safety concerns while allowing the applicant mobility.
Conditions restricting entry into Maharashtra and specific reporting were deleted; new, flexible reporting conditions were imposed.
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.
2024:BHC-AS:18135
908-IA-1118-2024.docx
Darshan Patil
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1118 OF 2024 IN
BAIL APPLICATION NO. 225 OF 2023
SONALI DEEPAK GAWARE ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
WITH INTERIM APPLICATION NO. 1432 OF 2024 IN
BAIL APPLICATION NO. 225 OF 2023
USHA POPAT KATE ..APPLICANT
IN THE MATTER BETWEEN: SONALI DEEPAK GAWARE ..APPLICANT VS. THE STATE OF MAHARASHTRA ..RESPONDENT
Senior Advocate Shri Rajiv Patil a/w Adv. Vrushali Maindad a/w Adv. Shaheen Kapadia for the Applicant.
Senior Advocate Shri Raja Thakare a/w Adv. Siddharth Jagushte a/w Mr. B.B. Kulkarni, APP for the State. Adv. Prashant D. Patil for the Intervener.
CORAM : M. S. KARNIK, J.
DATE : APRIL 19, 2024
P.C. :
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908-IA-1118-2024.docx
applicant, learned senior counsel Shri Thakare for the State and learned counsel for the intervener.
“(c) Except for attending the trial, the applicants shall not enter in the state of Maharashtra after being released on bail, till the trial concludes. (e) The applicants shall furnish the details of the nearest police station to the place of their residence while residing outside the State of Maharashtra to the trial Court and to the
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908-IA-1118-2024.docx
Investigating Officer. The applicants shall report to such police station twice a month, every first and third Monday of the month, between 11.00 a.m. and 1.00 p.m.”
(a) The informant is at liberty to apply for witness protection before the appropriate authority which application shall be considered on its own merits.
(b) It is open for the informant to apply for breach of conditions or if the informant is threatened.
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908-IA-1118-2024.docx
Darshan Patil
Maharashtra. The applicant shall, however, report to the trial Court, once in two months, on the first Monday of the concerned month, between 11.00 a.m. and 12.00 noon commencing May 2024. If Monday is a Court holiday/public holiday, the applicant shall mark her presence on the next immediate Court working day.
rest of the conditions shall remain intact and the prosecution/informant is at liberty to apply for cancellation of bail if any of the conditions are breached.
(M. S. KARNIK, J.)
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Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 19/04/2024 17:03:13
3 issues framed by the court
Whether conditions restricting entry into Maharashtra and reporting requirements imposed on the bail of Sonali Deepak Gaware can be relaxed.
Whether the relaxed conditions adequately protect the informant from threat perception.
Whether the interim application regarding the same bail matter也需要 disposing.
Sonali Deepak Gaware
Usha Popat Kate
The State of Maharashtra
M. S. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
