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Bombay High Court

Jaysing Kewalsing Thakur vs The State Of Maharashtra on 15 April, 2020

Author: V. K. Jadhav

Bench: V. K. Jadhav

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                       BAIL APPLICATION 320 OF 2020
                    MADHUKAR VITTHALRAO SURYAWANSHI
                                 VERSUS
                       THE STATE OF MAHARASHTRA

                                          ...
                       Mr. S.A.Gaikwad, Advocate for Applicant.
                       Mr. D.R.Kale, PP for Respondent-State.
                                          ...

                           BAIL APPLICATION 361 OF 2020
                            OMNATH DEORAO GAIKWAD
                                     VERSUS
                           THE STATE OF MAHARASHTRA

                                         ...
                       Mr. D.M.Shinde, Advocate for Applicant.
                   Mr. K.N.Lokhande, APP for Respondent-State.
                                        ...

                      BAIL APPLICATION 369 OF 2020
              VIJAY @ PATYA S/O LAXMAN ESTE AND ANOTHER
                                VERSUS
                      THE STATE OF MAHARASHTRA

                                         ...
                     Mr. M.L.Wankhade, Advocate for Applicants.
                     Mr. S.J.Salgare, APP for Respondent-State.
                                         ...

                           BAIL APPLICATION 371 OF 2020
                                 ANIL ARJUN MORE
                                      VERSUS
                           THE STATE OF MAHARASHTRA

                                         ...
                   Mr. S.S.Gangakhedkar, Advocate for Applicant.
                      Mr. D.R.Kale, PP for Respondent-State.

                                         ...

                     BAIL APPLICATION 372 OF 2020
             BALAM S/O WASUDEO KHANDAGLE AND ANOTHER
                               VERSUS
                     THE STATE OF MAHARASHTRA

                                         ...
                      Mr. A.R.Devakate, Advocate for Applicants.
                      Mr. D.S.Jape, APP for Respondent-State.


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                                           ...

                           BAIL APPLICATION 373 OF 2020
                               SANDIP TIRSING VALVI
                                     VERSUS
                           THE STATE OF MAHARASHTRA

                                          ...
                        Mr. A.S.Bajaj, Advocate for Applicant.
                       Mr. D.R.Kale, PP for Respondent-State.
                                          ...

                           BAIL APPLICATION 374 OF 2020
                             RAMESH DEVRAO DHALE
                                     VERSUS
                           THE STATE OF MAHARASHTRA

                                           ...
                       Mr. Irfn S. Khan, Advocate for Applicant.
                       Mr. D.R.Kale, PP for Respondent-State.
                                          ...

                           BAIL APPLICATION 1463 OF 2019
                                IMRAN GULAB SHAIKH
                                      VERSUS
                           THE STATE OF MAHARASHTRA

                                         ...
                      Mr. V.A.Bagdiya, Advocate for Applicant.
                      Mr. D.S.Jape, APP for Respondent-State.
                                         ...

                               BAIL APPLICATION 74 OF 2020
                                 GOPAL S/O SUNIL MOHITE
                                         VERSUS
                               THE STATE OF MAHARASHTRA

                                         ...
                      Mr. R.N.Chavan, Advocate for Applicant.
                      Mr. D.S.Jape, APP for Respondent-State.
                                         ...

                            BAIL APPLICATION 81 OF 2020
                          JAYSINGH KEWALSINGH THAKUR
                                      VERSUS
                           THE STATE OF MAHARASHTRA

                                             WITH

                   CRIMINAL APPLICATION NO.871 OF 2020
                          JITENDRA KANTILAL JAIN
                                 VERSUS
                 JAYSING KEVALSING THAKUR AND ANOTHER


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                                        ...
                    Mr. M.S.Deshmukh, Advocate for Applicant.
                     Mr. D.R.Kale, PP for Respondent-State.
              Mr. B.R.Waramma, Advocate for Applicant in Cri.Appln.
                                        ...

                           BAIL APPLICATION 228 OF 2020
                               DATTA S/O BIRU KALE
                                     VERSUS
                           THE STATE OF MAHARASHTRA

                                       ...
                      Mr. S.G.Kawade, Advocate for Applicant.
                   Mr. K.N.Lokhande, APP for Respondent-State.
                                       ...

                           BAIL APPLICATION 284 OF 2020
                           HATYARSING PURANSING TAK
                                     VERSUS
                           THE STATE OF MAHARASHTRA

                                          ...
                      Mr. V. A. Bagdiya, Advocate for Applicant.
                     Mr. S.J.Salgare, APP for Respondent-State.
                                          ...

                           BAIL APPLICATION 288 OF 2020
                           YOGESH S/O KAILASH BORSE
                                     VERSUS
                           THE STATE OF MAHARASHTRA

                                         ...
                       Mr. A.K.Bhosle, Advocate for Applicant.
                      Mr. D.S.Jape, APP for Respondent-State.
                                         ...

                        BAIL APPLICATION 294 OF 2020
                    SOHEL S/O JUBER SHAIKH AND ANOTHER
                                  VERSUS
                        THE STATE OF MAHARASHTRA

                                         ...
                     Mr. N.B.Narwade, Advocate for Applicants.
                     Mr. S.J.Salgare, APP for Respondent-State.
                                         ...

                           BAIL APPLICATION 297 OF 2020
                          SHARAD S/O VASANT KHUTEKAR
                                     VERSUS
                           THE STATE OF MAHARASHTRA

                                         ...


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                       Mr. T. V. Kamble, Advocate for Applicant.
                       Mr. D.R. Kale, PP for Respondent-State.


                      BAIL APPLICATION NO. 367 OF 2020
                   PANKAJ ASHOK JAISWAL AND ANOTHER
                                     VERSUS
                  THE STATE OF MAHARASHTRA AND OTHERS

                                         .....
                   Ms. Pradnya Talekar i/b Talekar and Associates
                      Mr. S.J. Salgare, A.P.P. for respondents.
                                         .....

                      BAIL APPLICATION NO. 368 OF 2020
                AMOL @ GANESH S/O ANNASAHEB GAIKWAD
                                     VERSUS
                         THE STATE OF MAHARASHTRA
                                        .....
               Mr. N.P. Patil Jamalpurkar, advocate for the applicant
                    Mr. A.R. Kale, A.P.P. for respondent-State
                                        .....

                       BAIL APPLICATION NO. 377 OF 2020
                               GAURAV SURESH VALVI
                                       VERSUS
                          THE STATE OF MAHARASHTRA
                                          .....
                     Mrs. S.T. Kazi, advocate for the applicant
                    Mr. S. J. Salgare, A.P.P. for respondent-State
                                          .....

                        BAIL APPLICATION NO. 379 OF 2020
                           VASANT DIGAMBAR CHAVAN
                                      VERSUS
                          THE STATE OF MAHARASHTRA
                                         .....
                      Mr. S.B. Madde, advocate for the applicant
                       Mr. D. R. Kale P.P. for respondent-State
                                         .....

                   BAIL APPLICATION NO. 380 OF 2020
          SHAIKH SHARUKH S/O SHAIKH SALAUDDIN (BISMILLAH)
                                  VERSUS
                     THE STATE OF MAHARASHTRA
                                     .....
               Mr. S.A.G. Qureshi, advocate for the applicant
                Mr. S.J. Salgare, A.P.P. for respondent-State
                                     .....




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                                                      CORAM : V. K. JADHAV, J.

DATED : 15 th APRIL, 2020 PER COURT:-

1. I have heard learned counsel for the applicants in respective bail applications for some time. These are not urgent matters require hearing amid the outbreak of COVID 19, particularly during extended period of the lock down.
2. Though the matters at Sr. Nos. 17 to 35 on today's board and the matter at Sr. Nos. 52 to 54 (tendered in the Court today) have been filed seeking regular bail, some of the matters are before notice (fresh matters) and some of the matters are after notice. It is not possible for the learned Public Prosecutor/Additional Public Prosecutor to make appropriate submissions for want of papers or otherwise in those applications, wherein notice has been given, though the record is received in some of the matters, considering bulky record it is not possible for the learned Public Prosecutor/Additional Public Prosecutor to make appropriate submission in each of such matter in a time frame manner. It is necessary to mention here that sitting of this Court is only for two hours i.e. between 12.00 noon to 2.00 p.m.
3. Otherwise also, there is no adequate staff available in this Court today. Thus with the help of Sheristedar, a hand written board ::: Uploaded on - 15/04/2020 ::: Downloaded on - 16/04/2020 07:22:08 ::: ba320.20-rb -6- of today's matters has been prepared. Even though the matters are decided to be taken up for hearing by video conferencing, unfortunately, the system failed and as such, the video conferencing is not possible today. I am thus required to come on the Dias. Out of all 39 matters which are on today's hand written board, the matters at Sr. Nos. 17 to 35 on today's board and the matter at Sr. Nos. 52 to 54 (tendered in the Court today) are regular bail applications.
4. The matters of extreme urgency are required to be taken up for hearing. In view of the same, even if in some of the matters, the papers are received, in all these matters the hearing cannot be concluded within a short period of two hours. Furthermore, the applicants in all bail applications cannot be released on temporary bail in terms of the minutes of the meeting of high power committee dated 25.3.2020 determining the class or category of the prisoners who can be so released, since the offence alleged to have been committed by the applicants in connection with their respective crimes are punishable for more than 7 years of imprisonment.
5. It is learnt that the representation/praecipe has been submitted to the Hon'ble the Chief Justice at principal Seat as against the direction issued by the High power committee constituted under the orders of the Apex Court and the office has informed to this Court that the said representation has now been treated as suo-moto writ petition.
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6. In view of the same, the applicants in all these bail applications are at liberty to mention their respective matters if the occasion so arises.

7. All these matters, stand over to 06.05.2020.

( V. K. JADHAV, J.) rlj/ ::: Uploaded on - 15/04/2020 ::: Downloaded on - 16/04/2020 07:22:08 :::