Mahesh Laxman Bagwe v. The State Of Maharashtra And ANR

osk 2-aba-345-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 345 OF 2019 Mahesh Laxman Bagwe ...

Applicant V/s.

The State of Maharashtra & Anr.

...

Respondents ----- Mr.I.A. Patel for Applicant.

Mr.R.M. Pethe, A.P.P. for Respondent-State.

Mr.M.V. Patel, P.I., Worli Police Station, Mumbai. CORAM : A.S. GADKARI, J.

DATE : 10th April 2019.

P.C. :

1] By an order dated 8th February 2019 the applicant was granted interim relief and was directed to attend the Investigating Officer on stipulated dates, to join the process of investigation. 2] Heard the learned counsel for the applicant and the learned APP for the State. Perused the record of investigation. 3] The record indicates that in pursuance of order dated 8th February 2019, the applicant has attended the Investigating Officer and has co-operated in the process of investigation. The record further 1/2

osk 2-aba-345-2019.odt indicates that the statement made by the informant in first information report that there were 900 ineligible occupants in the said Mahalaxmi SRA Co-operative Housing Society is incorrect and there are approximately 255 such occupants which have allegedly submitted the report from BEST about the electricity connection. Thus, prima-facie, it appears that the statement of the first informant in the first information report is filled with exaggeration. The said witness appears to be partly reliable and partly unreliable.

4] In view thereof, interim relief granted by order dated 8th February 2019 is hereby confirmed. However, the condition to attend the Investigating Officer is waived.

5] Application is allowed in the aforesaid terms. [A.S. GADKARI, J.] 2/2