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A selection of significant matters argued at the Bombay High Court and subordinate courts in Pune — bail grants, sentence suspensions, acquittals, and writ reliefs.
These matters were handled before the Bombay High Court and Pune courts. Past results do not guarantee future outcomes. Each case is decided on its own facts and merits. Appearances in some matters listed below may have been with or under the supervision of senior counsel and are subject to confirmation.
Applicant was convicted of murder under Section 302 IPC and sentenced to life imprisonment by the Additional Sessions Judge, Pune. The Division Bench suspended the sentence pending appeal. The prosecution's case rested entirely on a single recovery — an axe allegedly recovered 7 days after the incident. Both eyewitnesses (the nephew and wife of the applicant) had turned hostile. The Court found the recovery evidence suspicious as the same panch witness appeared in both the spot panchnama and the recovery panchnama, and the axe was recovered from an open space already covered in the spot panchnama.
No direct evidence; both prosecution eyewitnesses turned hostile; recovery evidence suspicious — same panch for spot and recovery; S.106 Evidence Act cannot substitute prosecution burden.
Appearance in this matter may or may not have been with senior counsel and is subject to confirmation. Past results do not guarantee future outcomes.
Applicant had been in custody since November 2022 — nearly 3 years — in a child trafficking case. The Court had previously observed in related matters that the applicability of Section 370 IPC was itself debatable on the facts. The main accused and all co-accused had already been granted bail. Charges had not yet been framed by the trial court. Bail was granted on grounds of parity, long incarceration, and the debatable nature of S.370 applicability.
Parity — main accused and all co-accused already on bail; charges not framed after 3 years in custody; applicability of S.370 IPC to the facts is itself debatable.
Appearance in this matter may or may not have been with senior counsel and is subject to confirmation. Past results do not guarantee future outcomes.
Applicant — a 22-year-old college student — had been in custody since July 2022 in a case arising from a parking dispute that turned violent. He was accused of assaulting the injured on the head with a sickle. The Sessions Court had rejected bail. The High Court granted bail noting that the medical certificate on record did not support the prosecution's case — there was no corresponding injury attributable to the alleged weapon. Trial had not progressed with charges remaining unframed. Parity argument succeeded as co-accused with similar or greater alleged roles had been released on bail.
Medical evidence inconsistent with alleged weapon; charges not framed despite long custody; parity with co-accused already on bail whose alleged roles were comparable or greater.
Appearance in this matter may or may not have been with senior counsel and is subject to confirmation. Past results do not guarantee future outcomes.
Applicant had been in custody since June 2021 — over 4 years — for a murder arising from a sudden quarrel. The Additional Sessions Judge had rejected bail in July 2024. The High Court granted bail finding the assault occurred at the spur of the moment, without premeditation, in the heat of passion — bringing the case prima facie within Exception 4 to Section 300 IPC (culpable homicide not amounting to murder). The trial had progressed at a glacial pace with only 1 of 26 listed prosecution witnesses examined in over 4 years.
No premeditation; sudden quarrel; Exception 4 to S.300 IPC prima facie applicable; severe trial delay — only 1 of 26 witnesses examined in 4+ years of custody.
Appearance in this matter may or may not have been with senior counsel and is subject to confirmation. Past results do not guarantee future outcomes.
Applicant was convicted under the POCSO Act and IPC for kidnapping and sentenced to 7 years rigorous imprisonment. Bail was granted pending appeal after the Court examined the victim's own deposition. The victim herself had repeatedly insisted on going with the applicant; on multiple occasions the applicant had told her to return home. The Court found the sentence harsh and excessive given that the victim had left home of her own free will and the applicant had not taken undue advantage of the situation.
Victim's own deposition showed she left home voluntarily and persisted despite applicant asking her to return; sentence disproportionate to the facts; no undue advantage taken.
Appearance in this matter may or may not have been with senior counsel and is subject to confirmation. Past results do not guarantee future outcomes.
Applicant had been convicted of murder in a multiple-accused assault case. Application for bail pending appeal was rejected by the Division Bench. The Court found that unlike co-accused who had been released on bail, the applicant was specifically attributed the use of a deadly weapon (sword) by two independent eyewitnesses. The roles were clearly distinguishable — the bail grounds available to other accused did not apply to this applicant given the direct evidence of his specific role.
Distinguished from co-accused granted bail — specific role with deadly weapon attributed by two independent witnesses; direct evidence of participation clearly established.
Appearance in this matter may or may not have been with senior counsel and is subject to confirmation. Past results do not guarantee future outcomes.
Appellant had been convicted of murder under S.302 IPC and sentenced to life imprisonment for pushing a person from a railway skywalk at Kandivali. He had been in continuous custody since June 2014 — over 11 years. The Division Bench altered the conviction from S.302 to S.304 Part I IPC. The Court found that the prosecution had failed to explain significant injuries on the appellant's person, established no prior enmity or motive, and the evidence showed a sudden fight. The incident fell within Exception 4 to Section 300 IPC. Sentence was reduced to the period already undergone and the appellant was directed to be released.
Injuries on appellant unexplained by prosecution; no motive or prior enmity established; sudden fight on skywalk — Exception 4 to S.300 IPC; prosecution case does not establish ingredients of S.300/302.
Appearance in this matter may or may not have been with senior counsel and is subject to confirmation. Past results do not guarantee future outcomes.
Applicant apprehended arrest in a caste atrocity matter arising from a dispute at a PMC garbage unloading point. The High Court noted that the applicant's name was not mentioned in the FIR at all and that the caste abuse allegations were general and in chorus — not specific to the applicant. The first informant was found to be a history-sheeter with MCOCA applied against him. Anticipatory bail granted with standard conditions.
Applicant not named in FIR; allegations of caste abuse omnibus and vague; complainant's credibility undermined by his own criminal antecedents.
Appearance in this matter may or may not have been with senior counsel and is subject to confirmation. Past results do not guarantee future outcomes.
Applicants faced arrest in an EOW Pimpri-Chinchwad financial fraud FIR. The High Court granted interim protection against coercive action, accepting the submission that the dispute was essentially civil in nature and that the FIR was lodged after an inordinate, unexplained delay since November 2022. Applicants deposited Rs.1 Crore with the Court Registry to demonstrate bona fides. Matter stood over for final hearing.
Dispute is civil in nature; FIR filed with inordinate delay casting doubt on genuineness; applicants demonstrated bona fides by depositing Rs.1 Crore with court.
Appearance in this matter may or may not have been with senior counsel and is subject to confirmation. Past results do not guarantee future outcomes.
Petitioner was shown as an absconding accused in a MCOCA chargesheet registered at Kothrud Police Station. The proclamation order passed by the MCOCA Special Judge was challenged by writ petition. The High Court held that the filing of an anticipatory bail application itself demonstrated that the petitioner had taken recourse to law — the police were aware of the pending application through their own report, making the absconding label untenable. Proclamation kept in abeyance; Special Judge directed to hear anticipatory bail on priority.
Filing of anticipatory bail application negates absconding — police's own report to that court acknowledged the pending application; proclamation procedure not followed correctly.
Appearance in this matter may or may not have been with senior counsel and is subject to confirmation. Past results do not guarantee future outcomes.
Two women applicants — wives of the main accused — had been convicted with the aid of S.149 IPC for murder in a multi-accused assault case. Bail was granted pending appeal. The Division Bench found that the second independent eyewitness (PW2) had not referred to the applicants at all — only PW1 (wife of the deceased) had named them. No deadly weapon was attributed to either applicant. The Court accepted the submission that they had possibly been roped in due to their family connection with the main accused. They had been on bail during the trial and had not misused their liberty.
PW2 (independent eyewitness) made no reference to applicants; no weapon attributed; role minimal and distinct from main accused; women applicants on bail during trial without misuse.
Appearance in this matter may or may not have been with senior counsel and is subject to confirmation. Past results do not guarantee future outcomes.
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