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Bombay High CourtABA/1483/2023disposed off

Nitish @ Nilesh @ Bala Chandrakant Patil And ORS. v. State Of Maharashtra

2023-10-03Hon'Ble Shri Justice N. J. Jamadar2 pages

2023:BHC-AS:29092 49-ABA1483-2023.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1483 OF 2023 Nitish @ Nilesh @ Bala Chandrakant Patil and ors.

...Applicants

Versus

State of Maharashtra

...Respondent

WITH ANTICIPATORY BAIL APPLICATION NO. 1484 OF 2023 Bhupesh Chatrapati Mukada ...Applicant

Versus

The State of Maharashtra

...Respondent

Ms. Saima Ansari, i/b Sushma Mishra, for the Applicant. Mrs. Geeta Mulekar, APP for the State/Respondent. API Ganesh Kekan, Naigav Police Station, present.

CORAM:

N. J. JAMADAR, J.

DATED:

3rd October, 2023 PC:- 1.

Heard the learned Counsel for the parties.

2.

This Court has granted interim protection by an order dated 19th May, 2023 recording reasons.

3.

The learned APP, on instructions, submits that the investigation has revealed that the witnesses have stated that the incident, as alleged in the FIR, has not occurred. The Investigating Officer proposes to file "C" summary. 1/2

49-ABA1483-2023.DOC 4.

In the aforesaid view of the matter, since this Court has granted interim protection and the applicants have appeared before the Investigating Officer and cooperated with the investigation and the investigation prima facie does not reveal complicity of the applicants, the order of interim bail dated 19th May, 2023 deserves to be made absolute.

5.

Hence, the following order:

: O R D E R :

(i) Order dated 19th May, 2023 is made absolute on the terms and conditions incorporated therein.

(ii) The applicants shall appear before the jurisdictional Court, if sent for trial.

Applications stand disposed.

[N. J. JAMADAR, J.] 2/2