Pashupatinath Matasevak Mishra v. State Of Maharashtra

2023:BHC-AS:34081 49 aba 1978 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1978 OF 2023 Pashupatinath Matasevak Mishra ...

Applicant versus The State of Maharashtra ...

Respondent Ms. Karishma Chikhaliwala, for Applicant.

Smt. Ashwini A. Takalkar, APP for State.

CORAM:

N.J.JAMADAR, J.

DATE :

6 NOVEMBER 2023 P.C.

1.

Heard the learned Counsel for the parties.

2.

Learned Counsel for the Applicant, on instructions, submits that the applicant had appeared before the Investigating Officer and co-operated with the investigation in terms of the order dated 15 September 2023. 3.

While granting interim bail, this Court has ascribed reasons. The Court has noted that the applicant was sought to be implicated on the basis of the credit of the amount of Rs.5,000/- to the account of the applicant and the said payment in itself cannot incriminate the applicant as there were stated to be financial transactions between the applicant and the husband of the co-accused. In any event, having regard to the nature of the accusation, further custodial interrogation of the applicant does not seem to be warranted.

4.

Hence, the order dated 15 September 2023 of interim bail is made SSP 1/2

49 aba 1978 of 2023.doc absolute on the terms and conditions incorporated therein. 5.

Henceforth, the applicant shall appear before the IO as and when directed.

6.

The Applicant shall regularly attend the proceedings before the jurisdictional Court.

7.

The Application stands disposed.

8.

It is clarified that these prima facie observations are confined to determine the entitlement to pre-arrest bail only. ( N.J.JAMADAR, J. ) SSP 2/2