Shyam Laxman Pendhari v. State Of Maharashtra
2024:BHC-AS:21915
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3431 OF 2023 Subhroto Bagh @ Bagla and Anr.
...
Applicants versus State of Maharashtra ...
Respondent WITH ANTICIPATORY BAIL APPLICATION NO.3432 OF 2023 Sujeet Mishra and Anr.
...
Applicants versus State of Maharashtra ...
Respondent WITH ANTICIPATORY BAIL APPLICATION NO.3420 OF 2023 Shyam Laxman Pendhari ...
Applicant versus State of Maharashtra ...
Respondent WITH ANTICIPATORY BAIL APPLICATION NO.3345 OF 2023 Dhaval Prabhakar Jogi and Anr.
...
Applicants versus The State of Maharashtra ...
Respondent Mr. Amarnath Boddul for Applicants in ABA 3431 of 2023, 3432 of 2023 and 3420 of 2023.
Mr. Kedar J. Patil with Mr. Pratik G. Tare, Ms. Gargi Joshi, Ms. Sakshi Kadam, mr. Jitesh Mundwa for Applicant in ABA 3345 of 2023. Mr. Ashutosh Gole for complainant.
Mr. R.M.Pethe, APP for State.
PI Pramod Badakh, Virar Police Station Crime Branch, present.
CORAM:
N.J.JAMADAR, J.
DATE :
9 MAY 2024 P.C.
1.
Heard the learned Counsel for the parties.
SSP 1/3
2.
Learned Counsel for the Applicant in ABA No.3420 of 2023 submits that the applicant - Shyam Laxman Pendhari has passed away. 3.
In view of the aforesaid statement, ABA No.3420 of 2023 stands disposed.
4.
Learned Counsel for the Applicants submit that the applicants have appeared before the IO in terms of the interim order and cooperated with the investigation.
5.
Learned APP, on instructions, submits that the applicants have appeared before the IO.
6.
While granting interim bail, this Court has noted that the applicants were named in the FIR, though no overt act has been attributed to the applicants. The interim orders are in operations since December 2023. At this length of time and especially, having regard to the role attributed to the applicants, further custodial interrogation of the applicants does not seem warranted. 7.
Learned APP, however, submits that the applicants - Sujeet Mishra and Jay Chetankumar Raichura have antecedents.
8.
The apprehension on the part of the prosecution can be taken care of by imposing conditions.
9.
Hence, the following order :
ORDER
SSP 2/3
(i) ABA Nos.3431 of 2023, 3432 of 2023 and 3345 of 2023 stand allowed. (ii) Interim order/s are made absolute on the terms and conditions incorporated therein.
(iii) The applicants in ABA Nos.3431 of 2023, 3432 of 2023 and 3345 of 2023 shall henceforth appear before the IO as and when directed. (iv) In the event, the chargesheet is lodged against the applicants, they shall appear before the jurisdictional Court regularly. Applications disposed.
( N.J.JAMADAR, J. ) SSP 3/3 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 10/05/2024 13:28:31