Bombay High Court
Tushar Tanaji Nimhan And Anr vs The State Of Maharashtra on 25 January, 2024
Author: A. S. Gadkari
Bench: A. S. Gadkari
2024:BHC-AS:4609-DB
This Order is modified/corrected by Speaking to Minutes Order dated 02/02/2024
V.A. Tikam 10-IA 1325 of 222.doc
VAISHALI IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ANIL
TIKAM
CRIMINAL APPELLATE JURISDICTION
Digitally signed INTERIM APPLICATION NO. 1325 OF 2022.
by VAISHALI
ANIL TIKAM
Date: IN
2024.01.31
17:29:07 +0530
CRIMINAL APPEAL NO.1176 OF 2019
Tushar Tanaji Nimhan & Anr. .. Applicants
vs.
The State of Maharashtra .. Respondent
Mr. Abhijeet A. Desai a/w. Mr.Karan Gajra, Ms. Sanchita Sontakke, Mr.
Digvijay Kachare, Mr. Vinay Singh, Ms. Daksha Purghera for Applicants.
Mr. J.P. Yagnik, APP for the State-Respondent.
Mr. Vikas Shivarkar for Appellant in Appeal No. 297 of 2021.
PSI Shamal Patil, Chaturshringi Police Station, Pune City present.
CORAM: A. S. GADKARI AND
SHYAM C. CHANDAK, JJ.
DATE : 25th JANUARY, 2024
P.C.:-
1) It is an admitted fact on record that, the Applicants are behind
bars since the date of their arrest i.e. on 14 th April, 2023 and have
undergone more than 10 years and 10 months in incarceration. Co-accused
namely Munna @ Digvijay Sambhaji Nimhan has been released on bail by
the Co-ordinate Bench of this Court vide its Judgment and Order dated 13 th
May, 2021.
2) The view expressed by the Hon'ble Supreme Court in the cases
of (i) Saudan Singh Vs. State of Uttar Pradesh [2022 SCC Online SC 697];
(ii) Suleman Vs. The State of Uttar Pradesh, Criminal Appeal No. 491
This Order is modified/corrected by Speaking to Minutes Order dated 02/02/2024
V.A. Tikam 10-IA 1325 of 222.doc
of 2022 (Arising out of SLP (Cri) No.1451 of 2022) dated 25 th March, 2022;
and (iii) Dinesh @ Paul Daniel Khajekar Vs. State of Maharashtra & Anr.,
Criminal Appeal No. 2987 of 2023 (Arising out of S.L.P) (Cri.) No. 10320 of
2023) dated 25th September, 2023, the Applicants are entitled to be released
on bail during the pendency of their Appeals.
3) Hence, following Order:
(i) Applicants shall be released on bail in Sessions Case No.
652 of 2013 arising out of C.R. No. 143/2013 registered with
Chaturshringi Police Station, District Pune, on their furnishing
P.R. bond of Rs.50,000/- each with one or two solvent local
sureties in the like amount.
(ii) After their release from Jail and during the pendency of
the present Appeal, the Applicants shall attend Chaturshringi
Police Station, Dist. Pune on every first Monday of the month
between 10.00 am and 12.00 noon initially for a period of one
year.
After end of one year, the Applicants shall attend
Chaturshringi Police Station, District Pune on every first
Monday of the every 3rd month between 10.00 am and 12.00
noon. The Applicants thus shall attend Chaturshringi Police
Station, District Pune, four times in a year during the pendency
This Order is modified/corrected by Speaking to Minutes Order dated 02/02/2024
V.A. Tikam 10-IA 1325 of 222.doc
of the present Appeal.
(iii) In case of two consecutive defaults in complying with the
aforesaid conditions, the Prosecution is at liberty to file an
application for cancellation of bail.
4) Application is allowed in the aforesaid terms.
(SHYAM C. CHANDAK, J.) (A. S. GADKARI, J.)
