Kiran Bharatrao Kharat And Another v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.521 OF 2023

1. Kiran s/o Bharatrao Kharat

2. Dipti w/o Kiran Kharat ... APPLICANTS

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. Joydeep Chatterji, Advocate for applicants Mr. A.A. Jagatkar, A.P.P. for respondents .......

WITH CRIMINL APPLICATION NO.1619 of 2023 IN ANTICIPATORY BAIL APPLICATION NO.521 OF 2023 Shri Mayur Pramod Kharat ... APPLICANT

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Mr. A.A. Jagatkar, A.P.P. for respondent No.1 Mr. Joydeep Chatterji, Advocate for respondents No.2 & 3 .......

CORAM :

R.G. AVACHAT, J.

DATE : 2nd MAY, 2023 PER COURT :

None for the intervener. Criminal Application No.1619/2023 is allowed. The complainant is permitted to assist learned A.P.P.

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2.

After having heard learned counsel for the applicant, the Court expressed disinclination to grant relief to the applicant No.1 Kiran Bharatrao Kharat. Learned counsel for the applicants, on instructions, makes a statement that, the applicant No.1 Kiran Bharatrao Kharat will surrender before the police latest by 6th May 2023 by 12.00 noon. The statement is taken as an undertaking to this Court. The application of applicant No.1 Kiran Bharatrao Kharat stands disposed of as withdrawn.

3.

It appears that, the applicant No.2 Dipti, wife of Kiran Kharat has played some little role in the crime in question. She is said to be mother of three minor children. Considering the gender and the role played by her in the offence, of which the husband is mastermind, the Court is inclined to grant her protection. Hence the order :

O R D E R

(i) The application of the applicant No.2 Dipti w/o Kiran Kharat is allowed.

(ii) In the event of arrest of applicant No.2 Dipti w/o Kiran Kharat, in connection with Crime No.0028/2023, registered at Jalna Taluka Police Station for the offences punishable under

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Sections 420, 120(B), 504, 506 read with Section 34 of the Indian Penal Code and Sections 3, 4 and 5 of the M.P.I.D. Act, she be released on bail on her executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen thousand) with one surety in the like amount.

(iii) The applicant No.2 Dipti w/o Kiran Kharat shall not tamper with the prosecution evidence and shall appear before the investigating officer as and when required for the purpose of investigation.

(iv) The Anticipatory Bail Application is disposed of. (R.G. AVACHAT, J.) fmp/-