Bhausaheb Narhari Khedkar And ORS v. The State Of Maharashtra
2023:BHC-AS:36397 9 aba 2996 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2996 OF 2023 Bhausaheb Narhari Khedkar and Ors.
...
Applicants versus The State of Maharashtra ...
Respondent Ms.Anandmaya Dharde i/by Nitin Gaware Patil, for Applicants. Smt. A.A.Takalkar, APP for State.
Ms. Deepika D. Musale, WPSI, Koregaon Police Station, Satara present.
CORAM:
N.J.JAMADAR, J.
DATE :
6 DECEMBER 2023 P.C.
1.
Heard the learned Counsel for the parties.
2.
By an order dated 25 October 2023, this Court has granted interim bail to the applicants opining, inter alia, as under : "5.The question as to whether the applicants were the persons, who accompanied Satish Khedkar, Principal accused, who had intention to abduct Dnyaneshwar, is at the heart of the matter. Whether the applicant shared the intent to abduct Dnyaneshwar for ransom is a matter that warrants investigation. Similarly, whether there is independent material to show the presence of the applicant at the time and place of the initial occurrence and the places where Dnyaneshwar was allegedly confined would also bear upon the complicity of the applicant. I am, therefore, inclined to grant interim protection while directing the applicants to join in the investigation." 3.
The learned Counsel for the Applicants, on instructions, submits that the applicants had appeared before the Investigating Officer and co-operated with the SSP 1/2
9 aba 2996 of 2023.doc investigation.
4.
Learned APP, on instructions of the IO, submits that further presence of the applicants before the IO may be warranted to facilitate further investigation. 5.
For the aforesaid reasons and the nature of the accusation against the applicants, I am inclined to make the order of interim bail absolute while directing the applicants to appear before the Investigating Officer. 6.
Hence, the following order :
ORDER
(i) The order dated 25 October 2023 is made absolute on the terms and conditions incorporated therein.
(ii) The Applicants shall appear before the Investigating Officer on 14th, 15th and 16th December 2023 in between 10.00 a.m. to 1.00 p.m., and thereafter, as and when directed, till the filing of the chargesheet. (iii) The Applicant shall regularly attend the proceedings before the jurisdictional Court.
(iv) The application stands disposed.
(v) It is, however, clarified that the observations are confined to the consideration of entitlement for pre-arrest bail and the trial Court shall not be influenced by any of the observations in further proceedings. ( N.J.JAMADAR, J. ) SSP 2/2