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Bombay High CourtABA/1610/2019disposed off

Vishal R. Bhoge v. The State Of Maharashtra

2021-08-24Hon'Ble Shri Justice Nitin W. Sambre3 pages

BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1610 OF 2019 by BHARAT DASHARATH PANDIT Date: 2021.08.30 11:42:48 +0530 Vishal R. Bhoge .... Applicant.

V/s The State of Maharashtra .....Respondent Mr. Rohan Hogle i/b Anshul A. Sontakke for the Applicant. Ms. Sharmila S. Kaushik, APP for the State.

API Sontakke, Makhurd Police Station, present. PSI Moe, Govandi Police Station, present.

PI Pawar, Govandi Police Station, present.

CORAM: NITIN W. SAMBRE, J.

DATE: AUGUST 24, 2021 P.C.:- 1] Heard.

2] On 23rd July, 2019, Applicant was ordered to be released on adinterim bail in case of his arrest in Crime No.148 of 2018 registered with the Govandi Police Station, Mumbai for the alleged offences punishable under Sections 420, 465, 468, 471, 120B r/w section 34 of the Indian Penal Code. The other accused viz Laxman Ramchandra Sathe, his wife Smt. Akkatai Laxman Sathe and daughter in law Shubhangi Sachin Sathe were directed to be released on pre-arrest bail 1/3

vide order dated 1st December, 2020 and the Accused Sachin Laxman Sathe vide order dated 25th November, 2020 was directed to be released on bail in Criminal Bail Application No.2406 of 2019. 3] Role attributed to the Applicant is that of hatching conspiracy and receipt of part of the amount involved in the crime. Statement of witnesses, particularly Rekha, speaks of information of involvement of the Applicant in the crime through one Ghadge. As such, said piece of evidence can be termed as hearsay evidence. Apart from above, in respect of the offence of criminal conspiracy, there is hardly any material on the basis of which prima facie involvement of the Applicant in the crime in question could be inferred. Applicant is already on ad-interim protection since last two years. As such, adinterim protection stands confirmed.

4] Applicant in the event of his arrest in C.R. No.148 of 2018 for the offences punishable under Sections 420, 465, 467, 468, 471, 120B read with Section 34 of the Indian Penal Code be released on bail on executing P.R.

amount. Applicant shall neither influence the witnesses in any manner nor tamper with the evidence. Applicant shall attend Investigating Officer of the concerned Police Station on 1st, 4th, 8th and 13th September, 2021 between 10.00 A.M. and 12.00 Noon and thereafter as and when directed.

( NITIN W. SAMBRE, J. ) 3/3