Ashok Vitthal Patil And ANR v. The State Of Maharashtra

ssm 1 6-aba1240.19gp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1240 OF 2019 Narayan Tukaram Patil & Ors.

.....Applicants Vs.

State Of Maharashtra .....Respondent WITH ANTICIPATORY BAIL APPLICATION NO.1703 OF 2019 Ashok Vitthal Patil & Anr.

.....Applicants Vs.

State Of Maharashtra .....Respondent Mr. Kuldeep Patil for the Applicants in ABA No.1240 of 2019. Mr. Abhishek Yende i/by Suhail Khan for the Applicants in ABA No.1703 of 2019.

Smt. Veera Shinde APP, for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 25th AUGUST, 2021.

P.C.:- Heard Mr. Patil, learned Advocate for the Applicant in ABA No.1240 of 2019 and Mr. Yande, learned counsel for the Applicant in ABA No.1703 of 2019. Perused record.

By separate Orders dated 25th June, 2019 and 2nd August, 2019 passed in ABA Nos.1240 of 2019 and 1703 of 2019 respectively, the Applicants were granted interim relief.

1/3

ssm 2 6-aba1240.19gp.doc Mr. Sanjay Mane, the Investigating Officer, has filed an Affidavit dated 15th March, 2021. It is stated in the said Affidavit that, during the course of investigation, it is revealed that, the Applicants namely Mohan Krishna Patil (A-3), Chandrakant Bhimrao Jadhav (A-4), Mirabai Khashaba Kamble (A-7), Ashok Vitthal Patil (A-8), Arun Rajaram Patil (A-9) and Kanchan Ganpati Patil (A-10), have no role to play in the present crime and their presence for further interrogation is not necessary. Perusal of record indicates that, the Applicants Narayan Tukaram Patil and Jalindar Sitaram Jadhav have played vital role in fabricating documents and commission of causing lawful loss to the Abaji Milk Producing And Suppliers Co-operative Society Ltd. Ghogaon, Taluka Palus, District Sangli.

When this Court expressed its disinclination to grant any relief to the said two Applicants namely Narayan T. Patil and Jalindar S. Jadhav, Mr. Patil learned Advocate, on instructions, seeks leave to withdraw the ABA No.1240 of 2019, qua them with liberty to them to surrender before the concerned Magistrate having jurisdiction over Kundal Police Station, District Sangli on or before 11.00 a.m. on 30th August, 2021. Leave and liberty granted.

As noted earlier, the other Applicants mentioned in paragraph No.3 above are entitled to be protected by pre-arrest bail. The interim relief granted by separate Orders dated 25th June, 2/3

ssm 3 6-aba1240.19gp.doc 2019 and 2nd August, 2019 passed in ABA Nos.1240 of 2019 and 1703 of 2019 respectively, are hereby confirmed.

ABA No.1240 of 2019 is partly allowed in the aforesaid terms. ABA No.1703 of 2019 accordingly allowed.

However, this ABA No.1703 of 2019 be listed on Board on 8th September, 2021 for compliance of direction issued by this Court by its Order dated 2nd August, 2019.

(A.S. GADKARI, J.) SANJIV SHARNAPPA MASHALKAR Date: 2021.08.25 19:49:43 +0530 SANJIV SHARNAPPA MASHALKAR 3/3