Hitesh Rajnikant Bhandari v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2152 OF 2023 Hitesh Rajnikant Bhandari ...Applicant vs.

The State of Maharashtra

...Respondent

Ms. Mallika Ingale, for the Applicant Ms. Pallavi Dabholkar, APP, for the Respondent/State. Ms. Siya Chaudhary, legal-aid advocate for first informant. Mr. Gajanan Padalkar, API, Gholwad police station present. CORAM :

N. J. JAMADAR, J.

DATE :

SEPTEMBER 21, 2023 P.C.:

1.

Heard the learned counsel for the applicant and the learned APP for the State.

2.

By an order dated 17th August, 2023 this Court was persuaded to grant interim relief after recording reasons. 3.

The learned APP on instructions submits that the investigation is complete and charge-sheet has been filed on 31st August, 2023.

4.

The learned counsel for the first informant submits that the appropriate condition to ensure that the applicant does not threaten and cause harm to the first informant be imposed. ...1

5.

In view of the reasons which weighed with this Court in passing the interim order dated 17th August, 2023 and the fact that the investigation is complete for all intent and purpose and chargesheet has been lodged, the custodial interrogation of the applicant is not warranted at this stage. I am inclined to make the order of interim bail dated 17th August, 2023 absolute. 6.

The application thus stands disposed.

7.

The interim order dated 17th August, 2023 is made absolute on the terms and conditions incorporated therein, with the modification that instead of the condition of attendance at Gholvad police station on every Wednesday and Friday, the applicant shall now attend Gholvad police station on the first Sunday of every month in between 10 am to 12 noon, to mark his presence, for a period of six months.

8.

The applicant shall furnish his address and contact details to the investigating officer within a period of two weeks from today. 9.

The applicant shall regularly attend the proceeding before the jurisdictional Court.

...2

10.

The applicant shall not tamper with the prosecution evidence and give threat or inducement to first informant, any of the prosecution witnesses or the persons acquainted with the facts of the case.

11.

In the event of breach of any of the aforesaid conditions, the prosecution shall be at liberty to move for cancellation of bail. Application disposed.

(N. J. JAMADAR, J.) ...3