Siddhant @ Appu Vilas Gangurde v. State Of Maharashtra

49-aba-2883-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2883 OF 2023 Siddhant @ Appu Vilas Gangurde ...Applicant vs.

The State of Maharashtra

...Respondent

Mr. Ajinkya Taskar i/b. Mr. Pratik Kalantri, for the Applicant Ms. Anamika Malhotra, APP, for the Respondent/State. Mr. Mangesh Gole, for Respondent No. 2.

CORAM :

N. J. JAMADAR, J.

DATE :

NOVEMBER 28, 2023 P.C.:

1.

Heard the learned counsel for the parties.

2.

By an order dated 16th October, 2023 this Court had granted interim protection observing inter alia as under:- 4] Evidently the applicant was not named in the FIR. The named accused and 50 to 60 persons had allegedly committed dacoity. The name of the applicant was revealed in a supplementary statement which came to be recorded about 25 days of the alleged occurrence. 5] Having regard to the nature of the accusation, the number of persons involved therein and the time which has elapsed since the date of the alleged occurrence, at this distant point in time, custodial interrogation of the applicant does not seem to be warranted. I am, therefore, inclined to exercise the discretion in favour of the applicant.

3.

The Court is informed that in terms of the aforesaid order the applicant has appeared before the investigating officer and cooperated with the investigation.

Vishal Parekar ...1

49-aba-2883-2023.doc 4.

Having regard to the nature of accusation, further custodial interrogation of the applicant does not seem to be warranted to facilitate further investigation. I am, therefore, impelled to make the order of interim bail absolute on the terms and conditions incorporated therein.

5.

The order of interim bail dated 16th October, 2023 is made absolute on the terms and conditions incorporated therein. 6.

In addition, the applicant shall regularly attend the proceedings before the jurisdictional Court.

7.

It is clarified that these prima facie observations are confined to determine entitlement to pre-arrest bail only. Application disposed.

(N. J. JAMADAR, J.) Vishal Parekar ...2