Yogesh Vithal Devre And ORS v. The State Of Maharashtra

Nalawade A.S.

1 /2 20-aba-1943-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1943 OF 2018 Mr. Yogesh Vithal Devre and ors.

..Applicants.

vs.

The State of Maharashtra ..Respondent.

Mr. N.R. Bubna for the Applicant.

Mr. S.S. Hulke, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE : 21st November, 2018.

P.C.

1.

By a reasoned Order dated 21.9.2018 the applicants were granted interim relief.

2.

Heard the learned counsel appearing for the applicants and the learned APP. Perused the record.

3.

The record indicates that, there is a dispute between the applicant on one hand and the first informant on the other hand, pertaining to the immovable property, bearing Survey No.103 situated at Sangmeshwar, Tal. Malegaon, District Nashik. The applicant No.2 has lodged CR. No.137 of 2018 against the first informant of the present crime namely Shivasunder Shetty. It prima face appears that, the present crime is registered by the first informant as a counter blast to the crime registered

Nalawade A.S.

2 /2 20-aba-1943-18 by applicant No.2 bearing CR No.137/2018 pertaining to the same immovable property.

4.

The learned counsel for the applicants submitted that, in pursuance of the Order dated 21.9.2018 the applicants have attended the Investigating Officer and have co-operated in the process of investigation.

5.

After perusing the entire record, this Court is of the considered view that, custodial interrogation of the applicants for further investigation of the present crime is not necessary.

In view thereof, the interim relief granted by Order dated 21.9.2018 is hereby confirmed. However, the condition to report to the Investigating Officer is waived.

Application is allowed in the aforesaid terms. (A.S. GADKARI, J.)