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Bombay High CourtABA/68/2018others disposed off

Abhishek Manik Chavan v. The State Of Maharashtra

2018-07-10Hon'Ble Shri Justice A.S. Gadkari3 pages

ssm 1 11-aba68.18gp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 68 OF 2018 Abhishek Manik Chavan ....Applicant.

Vs.

The State of Maharashtra ....Respondent.

WITH ANTICIPATORY BAIL APPLICATION NO. 69 OF 2018 Manik Deola Chavan ....Applicant.

Vs.

The State of Maharashtra ....Respondent.

Mr. Sagar G. Talekar for the Applicants.

Ms. J.S. Lohokare APP, for the Respondent-State. Mr. Anil J. Rathod, Police Naik Shahapur Police Station. CORAM : A. S. GADKARI, J.

DATE : 10th JULY, 2018.

P.C.:- By an Order dated 15th January 2018, the Applicants were granted interim relief.

Heard the learned counsel appearing for the Applicants and the learned APP. Perused the record of investigation. The record indicates that, the Accused No.1-Girish Andade created certain bogus/fabricated documents pertaining to the land belonging to the first informant namely Shri Vipul Randeri and 1/3

ssm 2 11-aba68.18gp.doc subsequently, conveyed it in favour of the Applicant Abhishek Chavan. It is the further prosecution case that, the Applicant Manik is the father of Abhishek and he helped Applicant Abhishek as coaccused in the crime. It is also alleged that, the Applicant Manik is a Government servant and by misusing his position, he facilitated Abhishek in the present crime.

The record clearly indicates that, the accused No.1 Girish Andade is the prime accused and the master mind behind the present crime. The said accused Girishi Andade is absconding since the date of lodgment of the crime and therefore, the Investigating Agency has filed an Application under Section 82 of the Criminal Procedure Code for declaring him as an absconding accused. The said Application is pending for final adjudication.

Mr. Talekar, the learned counsel appearing for the Applicants submitted that, in furtherance of the discussion which took place in the Court, err to this, the Applicant Abhishek has re-conveyed the said property i.e. suit land in favour of Shri Vipul Randeri and the said Vipul Randeri has no grievance about the same, qua the Applicants.

The learned APP, on instructions from the Investigating 2/3

ssm 3 11-aba68.18gp.doc Officer, who is present in the Court has acceded to the said fact. In view of the above, the interim relief granted by Order dated 15th January 2018, is hereby confirmed. Applications are allowed in the aforesaid terms. (A.S. GADKARI, J.) 3/3