Prashant Maruti Paigude v. State Of Maharashtra
2024:BHC-AS:8907 923 aba 2583 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2583 OF 2023 Prashant Maruti Paigude ...
Applicant versus State of Maharashtra ...
Respondent Ms. Seema Dighe i/by Priyal G. Sarda for Applicant. Mrs. Geeta P. Mulekar, APP for State.
WPSI Nikam, Bharti Vidyapith Police Station present.
CORAM:
N.J.JAMADAR, J.
DATE :
22 FEBRUARY 2024 P.C.
1.
Heard the learned Counsel for the parties.
2.
When the application was listed before this Court on 13 September 2023, this Court had granted ad-interim protection observing, inter alia, as under : "4.
Mr. Pethe, the learned APP, would urge that the role of the applicant is distinct as the allegations in the FIR indicate that the applicant was also involved in calling the first informant for a meeting and had made representations along with the co-accused Mayur Wandhare and Ganesh Padwal. In the agreement, there is a reference to the applicant as a business partner. The allegations in the FIR do not indicate that any amount has been paid or credited to the account of the applicant, though there are allegations about the applicant having accompanied the principal accused. At this stage, the applicant appears to be similarly circumstanced like the co-accused, who have been ordered to be released on pre-arrest bail, in the event of arrest.
5.
In the aforesaid view of the matter, at this stage, the liberty of the applicant can be protected with a direction to join in the investigation. SSP 1/2
923 aba 2583 of 2023.doc Depending upon the outcome of further investigation, the prayer for prearrest bail can be adjudicated finally after providing an opportunity to the prosecution."
3.
Learned Counsel for the applicant submitted that the applicant has appeared before the Investigating Officer and has co-operated with the investigation. 4.
Learned APP submits that the investigation is complete and the chargesheet has been lodged.
5.
In view of the aforesaid development, at this stage, further custodial interrogation of the applicant does not seem to be warranted. I am, therefore, impelled to make the order of interim bail dated 13 September 2023 absolute. 6.
Hence, the following order :
ORDER
(i) The order of interim bail dated 13 September 2023 is made absolute on the terms and conditions incorporated therein. (ii) In addition, the applicant shall regularly attend the proceedings before the jurisdictional Court.
Application disposed.
( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 24/02/2024 15:38:15