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Bombay High CourtABA/869/2021disposed off

Mrugesh Kothari v. The State Of Maharashtra

2023-10-19Hon'Ble Shri Justice N. J. Jamadar2 pages

10-aba-869-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.869 OF 2021 Mrugesh Kothari ...Applicant vs.

The State of Maharashtra

...Respondent

Mr. Sunil Gosavi, for the Applicant Mr. S.H. Yadav, APP, for the Respondent/State. Mr. Sudhir Korgaonkar, Kasturba Marg police station. CORAM :

N. J. JAMADAR, J.

DATE :

OCTOBER 19, 2023 P.C.:

1.

Heard the learned counsel for the applicant and the learned APP for the State.

2.

The first informant is the mother of the applicant. By an order dated 9th April, 2021 this Court has granted interim bail to the applicant. The first informant has thereafter passed away. The dispute between the applicant and Riddhi Kothari, the sister of the applicant, who is the legal heir of the deceased first informant, has been amicably resolved.

3.

On the previous date the consent terms were tendered for the perusal of the Court. The learned APP had sought time to enable the Investigating Officer ascertain the said fact. Statement of Riddhi Kothari seems to have been recorded. She has stated that the dispute has been amicably resolved.

Vishal Parekar ...1

10-aba-869-2021.doc 4.

In view of above, the order of interim bail dated 9th April, 2021 is made absolute on the terms and conditions incorporated therein.

5.

In addition the applicant shall appear before the investigating officer as and when directed.

6.

The applicant shall appear before the jurisdictional Court regularly.

7.

It is clarified that these prima facie the observations are confined to determine entitlement to pre-arrest bail only. Application disposed.

(N. J. JAMADAR, J.) Vishal Parekar ...2