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Bombay High CourtABA/368/2023application allowed

Dr. Dilip Awachitrao Deshmukh v. The State Of Maharashtra

2023-04-06Hon'Ble Shri Justice R. G. Avachat2 pages

A.B.A. No.368/2023 - 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.368 OF 2023 Dr. Dilip Awachitrao Deshmukh ... APPLICANTS

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. V.S. Palsikar, Advocate for applicant Mr. N.T. Bhagat, A.P.P. for respondents .......

CORAM :

R.G. AVACHAT, J.

DATE : 6th APRIL, 2023 PER COURT :

Heard. It is informed that, post filing of the charge sheet, another enquiry was conducted. The enquiry committee has reported that no offence took place. It has even suggested the State Government to withdraw from the prosecution. The learned A.P.P. points out a communication dated 25/9/2022, made by the then Assistant Project Officer, requesting the investigating officer to withdraw the prosecution launched against the present applicant and others. The applicant is a retired employee.

A.B.A. No.368/2023 - 2 - 2.

In the aforesaid factual backdrop, the application is allowed. In the event of arrest of the applicant in connection with Crime No.0238/2018, registered at Cidco Police Station, Aurangabad and Charge Sheet bearing No.160/2020, registered as R.C.C. No.2721/2021, pending before the learned Judicial Magistrate, First Class, Aurangabad, for the offence punishable under Sections 420, 409 read with Section 34 of the Indian Penal Code, the applicant be released on bail on his executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen thousand) with one surety in the like amount.

3.

The applicant shall not tamper with the prosecution evidence and shall appear before the investigating officer as and when required for the purpose of investigation. (R.G. AVACHAT, J.) fmp/-