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Bombay High CourtABA/2303/2021allowed

Dnyaneshwar Pandurang Kirave And ORS v. The State Of Maharashtra

2022-01-12Hon'Ble Shri Justice C.V. Bhadang2 pages

Digitally signed by VINA ARVIND KHADPE Date:

2022.01.15 11:11:52 +0530 VINA ARVIND KHADPE

(5) aba.2303.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2303 OF 2021 Dnyaneshwar Pandurang Kirave and ors. ..Applicant V/s.

The State of Maharashtra ..Respondent ---- Mr.Amit R. Icham i/b. Mr. Vivek N. Arote for the Applicant. Mr.R. M. Pethe, APP for the Respondent/State. ---- CORAM : C.V. BHADANG, J.

DATE : 12th JANUARY 2022 (Through Video Conference) P.C.

1.

Heard the learned counsel for the Applicant and learned APP appearing for the State.

2.

As noticed in the order dated 5th January, 2022, this Application only survives, insofar as Applicant No.2 is concerned. On 5th January, 2022, this Application was adjourned in order to enable the learned APP to take instructions as to whether Applicant No.2 is attending and has cooperated with the investigation and also on the present status of investigation.

3.

Learned APP on instructions states that the Applicant has cooperated with investigation and his statement is recorded on 11th October, 2021. He states that further custody of the Applicant is not required for the purpose of investigation. The record discloses that the interim protection was granted to Applicant no.2 on 27th September, 2021.

Vina Khadpe page 1 of 2

(5) aba.2303.2021.doc 4.

In view of the above and having regard to the specific statement made on behalf of the state, the present Application is allowed and order dated 27th September, 2021 is hereby made absolute subject to the condition that the Applicant shall not tamper with the prosecution evidence/witnesses.

5.

Criminal Anticipatory Bail Application is disposed of. (C.V. BHADANG, J.) Vina Khadpe page 2 of 2