Sandip Annasaheb Chavan v. The State Of Maharashtra

Nalawade A.S.

1 /2 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1299 OF 2015 Sandeep Annasaheb Chavan vs. The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.A.P.Mundergi,Sr.Advocate i/by Mr.Kedar Patil for the Applicant. Mr. R.A.Shaikh for Respondent No.2.

Mrs. P.P.Shinde, APP. for Respondent State.

Mr.Sandeep Badgujar, API from EOW present.

CORAM : A.S.GADKARI, J.

DATE :

04th January, 2016 P.C.

The learned APP. on instruction submits that in pursuance of the order dated 9.12.2015 the applicant did attend the Investigating Officer on 15.12.2015. She further submits that as of today the applicant is suffering from Jaundice. The record discloses that by detailed orders dated 1.9.2015 and 9.12.2015, the applicant was granted interim protection.

2) After taking into consideration the fact that the applicant is suffering from the ailment of Cancer and has already under gone 51 cycles of Chemo therapy coupled with the fact that the applicant is suffering from Jaundice, the applicant needs to be protected by pre arrest bail only on medical ground. The learned

Nalawade A.S.

2 /2 APP on instructions fairly conceded to the fact that in view of the present situation of the applicant wherein he is required to be regularly treated by experts, custody of the applicant is not necessary for the purpose of investigation.

3) In view of the above, the interim protection granted by an order dated 1.9.2015 is hereby confirmed. Application is allowed in the aforesaid terms.

4) At this stage, the learned Sr. Counsel appearing for the applicant submits that on earlier occasion on instructions he had made a statement this his client was ready and willing to pay an amount of Rs.5.00 lacs which his client had received by cheque from the original complainant. Mr. Mundergi further submits that within a period of two weeks from today his client will pay the amount of Rs.5.00 lacs to the original complainant Shri. Namdeo Shankar Pakhare without prejudice to the rights and contentions of his client, the applicant herein. The said statement is accepted. 5) Application is disposed of in the aforesaid terms. (A.S. GADKARI, J.)