Sudip Madan Chakote v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2023.02.10 11:27:47 +0530 URMILA PRAMOD INGALE ANTICIPATORY BAIL APPLICATION NO.389 OF 2023 Sudip Madan Chakote ..Applicant VS.

The State of Maharashtra ..Respondent Mr.Ritesh Thobde a/w Mr. Sagar S. Tambe and Mr. Changdev Shingade, for the Applicant.

Ms. P.N. Dabholkar, APP for the State.

Mr. N.P. Gaikwad, PC, Sadar Bazar Police Station, Solapur present.

CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 8, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP.

2.

This is an application for pre-arrest bail. The applicant is apprehending arrest in connection with C.R. No.28 of 2023 dated 13/01/2023 registered with Sadar Bazar Police Station, District-Solapur for offence punishable under sections 341, 342, 364-A, 383, 384, 323, 506, 34 of the Indian Penal Code, 1860.

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3.

The incident is dated 02/10/2022. CR is registered on 13/01/2023. The NC in respect of the incident was recorded on 03/10/2022. Prior to the incident, the wife of the applicant had filed FIR on 30/09/2022 under section 420 and other provisions against the complainant. It is alleged that one Rashid Shaikh had sold the property by registered sale deed to the applicant's wife and 2 other family members in the year 2010. Thereafter in 2019-20, Rashid sold off the said property to the complainant. There arose dispute between the applicant and the complainant over the said property. Considering the nature of the allegations and having regard to the dispute regarding the property between the parties, custodial interrogation of the applicant, in my opinion, is not necessary. The complainant has improved his version in the complaint which was registered on 13/01/2023 from the one reported in the NC case. The applicant to co-operate with the investigation. Hence, the following order.

O R D E R

(a) The application is allowed.

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(b) In the event of arrest of the applicant in connection with C.R. No. 28 of 2023 dated 13/01/2023 registered with Sadar Bazar Police Station, District-Solapur, the applicant-Sudip Madan Chakote be released on bail on his furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount; (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence;

(d) The applicant shall attend the investigating officer on 11th and 12th February 2023 between 11.00 a.m. and 1.00 p.m. and thereafter as and when called for.

4. The anticipatory bail application is disposed of. (M. S. KARNIK, J.) 3/3