Dashrth Machindra Kokare v. The State Of Maharashtra

Osk 41-ABA-851-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 851 OF 2019 Dashrath Machindra Kokare ... Applicant V/s.

The State of Maharashtra ... Respondent WITH CRIMINAL APPLICATION (APPP) NO. 567 OF 2019 IN CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 851 OF 2019 Mahendra Manikchand Sundecha ... Intervenor In the matter between :- Dashrath Machindra Kokare ... Applicant V/s.

The State of Maharashtra ... Respondent Mr.Chirag Chanani a/w. Mr.Arjun Deo i/b. Dewani Associates for Applicant. Mr.Y.M. Nakhwa, A.P.P. for Respondent-State.

Mr.Gautam Jain i/b. Mr.M.J. Bhatt for Intervenor in APPP/567/2019. CORAM : A.S. GADKARI, J.

DATE : 20th October 2021.

P.C. :

1.

Advocate Mr.Gautam Jain appearing for Intervenor-first informant submitted that, the statement made by the Applicant on 5th October 2021 is correct and the first informant has received entire amount as was agreed by the Applicant. He further submitted that, the intervenor has no 1/2

Osk 41-ABA-851-2019.odt further grievance against the Applicant in the present crime. 2.

Record indicates that, the police are seeking custody of the Applicant only for the recovery of alleged amount of Rs.2.5 crores mentioned in the First Information Report.

As noted earlier, learned counsel appearing for Intervenor-first informant on instructions submitted that, the informant has received the entire amount as of today and has no further grievance against the Applicant. 3.

Perusal of record further indicates that, the custodial interrogation of the Applicant for further investigation of the present crime is not necessary and the Applicant can be protected by pre-arrest bail. Interim relief, granted by Order dated 8th April 2019, is hereby confirmed.

Anticipatory Bail Application is allowed in aforesaid terms. 4.

In view of disposal of Anticipatory Bail Application, Criminal Application No.567 of 2019 does not survive and is accordingly disposed off. [A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date:

2021.10.21 17:25:09 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2