Nitin Manik Thopte And ORS v. The State Of Maharashtra

903-aba-1243-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1243 OF 2023 1.

Nitin M. Thopte 2.

Smt. Jaishri M. Thopte 3.

Poonam K. Devgude 4.

Smt. Vijaya S. Sankpal ...Applicants V/s.

State of Maharashtra

...Respondent.

Mr. Rahul R. Shelke a/w. Ms Neha Sharma for the Applicant. Mr. P.H. Gaikwad Patil, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

27.04.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicants are apprehending their arrest in Crime No.354 of 2022 registered at Jejuri Police Station, Pune for the ofences punishable under Sections 120-B, 307, 504 and 506 of the Indian Penal Code.

3.

I have heard the learned counsel appearing for the applicants and the learned APP for the respondent / State. 4.

The complainant and the applicants appear to be relatives and there appears to be a dispute between them on account of partition of agricultural land. According to the complainant, due to said dispute the applicants had entered into conspiracy with one Dinesh S. Sherla 1/2

903-aba-1243-23.doc criminal viz. Bobby to kill him and agreed to pay him Rs.1,00,000/- for doing so.

5.

It appears that the FIR in question came to be registered on the basis of order passed by the learned Magistrate under Section 156(3) of Cr.P.C. It is not the case of complainant that pursuant to alleged conspiracy any attempt was made to kill him. 6.

Considering the overall facts and circumstances and as there are no other criminal antecedents, I am inclined to release the applicants on anticipatory bail. In the result the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicants in C.R. No.354 of 2022 registered at Jejuri Police Station, Pune for the ofences punishable under Sections 120-B, 307, 504 and 506 of the Indian Penal Code, they be released on bail on executing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with one or two sureties in the like amount. C) The applicants shall attend the concerned police station as and when called by the Investigating Ofcer and shall cooperate in the investigation.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2