AMOL KASHINATH KAMBLE VERSUS STATE OF MAHARASHTRA SLP (Crl.) No. 13554 of 2023

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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
[arising out of SLP (Crl.) No. 13554 of 2023]
AMOL KASHINATH KAMBLE ….. APPELLANT(S)
VERSUS
STATE OF MAHARASHTRA ….. RESPONDENT(S)
O R D E R
1. Leave granted.
2. The appellant Amol Kashinath Kamble is an accused in First Information Report/C.R. No.440 of 2023 dated 01.07.2023 registered with Police Station Samta Nagar, Mumbai, Maharashtra for the offence(s) punishable under Sections 326,
504, 506 read with Section 34 of the Indian Penal Code, 1860. The allegation against the appellant Amol Kashinath Kamble is that, he had inflicted a blow on the victim with a stone, which resulted in fracture of his nasal bone.
3. Mr. Shrirang B. Varma, learned counsel appearing for the respondent State submits that investigation is on the verge of completion and the chargesheet in terms of provisions of
Section 173(2) of the Code of Criminal Procedure, 1973 1 is likely to be filed shortly before the relevant court.
4. Having regard thereto as well as the nature of injury suffered by the victim, we are of the view that detention of the appellant � Amol Kashinath Kamble during further proceedings is not warranted and that he may be admitted to an order under Section 438 of the Cr. P.C.
5. Accordingly, we direct that in the event of the appellant Amol Kashinath Kammble being arrested, he shall be released on bail by the arresting/investigating officer/trial court on
terms and conditions to be imposed by the trial court. The appellant Amol Kashinath Kamble shall, in addition, comply with the conditions mentioned in Section 438(2) of the Cr. P.C.
6. Recording the aforesaid, the impugned order is set aside and the appeal is allowed in the above terms.
7. We clarify that observations made in this order granting anticipatory bail are for the purpose of disposal of the present appeal, and should not be construed as findings and observations on the merits of the case.
8. Pending application(s), if any, shall stand disposed of.
…………………..J.
(DIPANKAR DATTA)
…………………..J.
(K.V. VISWANATHAN)
NEW DELHI;
MARCH 01, 2024.

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ITEM NO.47 COURT NO.2 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No. 13554/2023
(Arising out of impugned final judgment and order dated 17-08-2023 in ABA No. 2284/2023 passed by the High Court of Judicature at Bombay)
AMOL KASHINATH KAMMBLE Petitioner(s)
VERSUS
STATE OF MAHARASHTRA Respondent(s)
(FOR ADMISSION and I.R. and IA No.216633/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.216632/2023-EXEMPTION FROM FILING O.T.)

Date : 01-03-2024 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE DIPANKAR DATTA
HON’BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Mr. Ajay Kumar Singh, AOR

For Respondent(s) Mr. Shrirang B. Varma, Adv.
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aaditya Aniruddha Pande, AOR
Mr. Bharat Bagla, Adv.
Mr. Sourav Singh, Adv.
Mr. Aditya Krishna, Adv.
Ms. Preet S. Phanse, Adv.
Mr. Adarsh Dubey, Adv.

UPON hearing the counsel, the Court made the following
O R D E R
Leave granted.
W e direct that in the event of the appellant Amol Kashinath Kammble being arrested, he shall be released on bail by the arresting/investigating officer/trial court on terms and conditions to be imposed by the trial court. The appellant Amol Kashinath Kamble shall, in addition, comply with the conditions mentioned in Section 438(2) of the Cr. P.C.
The appeal is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY) (R.S. NARAYANAN)
COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file)