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Bombay High CourtAPPLN/4743/2014disposed off

Sanjay @ Sanju Tukaram Shinde v. The State Of Maharashtra

2015-01-29Hon'Ble Shri Justice T.V. Nalawade3 pages

{1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4694 OF 2014 Bajirao Baburao Autade & Another APPLICANTS

VERSUS

The State of Maharashtra & Another RESPONDENTS .......

Mr. R.N.Dhorde, Sr.Advocate i/b Mr.P.G. Patil, Adv. for applicants Mr. N. B. Patil, APP for respondent State .......

WITH CRIMINAL APPLICATION NO. 5657 OF 2014 IN CRIMINAL APPLICATION NO. 4694 OF2014 Avinash @ Sanjay Shankar Patil Sagle APPLICANT

VERSUS

Bajirao Baburao Autade & Others RESPONDENTS .......

Mr. Mr. S. G. Ladda, Advocate for applicant Mr. R. N. Dhorde, Sr. Adv. i/b Mr. P. G. Patil, Adv. for R-1 & R-2 Mr. N. B. Patil, APP for respondent State .......

WITH CRIMINAL APPLICATION NO. 4743 OF 2014 Sanjiv @ Sanju Tukaram Shinde APPLICANT

VERSUS

The State of Maharashtra & Another RESPONDENTS .......

Mr. V. D. Salunke, Advocate for applicant Mr. N. B. Patil, APP for respondent State .......

WITH CRIMINAL APPLICATION NO. 4895 OF 2014 IN CRIMINAL APPLICATION NO. 4743 OF 2014 Avinash @ Sanjay Shankar Patil Sagle APPLICANT

{2}

VERSUS

The State of Maharashtra & Another RESPONDENTS .......

Mr. Mr. S. G. Ladda, Advocate for applicant Mr. V. D. Salunke, Advocate for respondent No.1 Mr. N. B. Patil, APP for respondent State .......

[CORAM : T.V.NALAWADE, J.] DATE : 29 th JANUARY, 2015 ORDER:

1.

Both the proceedings are filed for the relief of anticipatory bail. This Court has already granted interim protection to the applicants in both the proceedings. This Court has expressed that unless and until complainants of the two crimes, viz., crime No. 71 of 2014 and 23 of 2014 are arrested, their custodial interrogation is done and few things are ascertained by the investigating agency, it is not desirable to arrest and detain the applicants for the purpose of investigation.

2.

It appears that till today, said two complainants could not be arrested. The investigating agency is at liberty to take appropriate steps like obtaining Non Bailable Warrant against them and issuance of proclamation against both of them. 3.

However, since the matters are taking time, it is not desirable to keep present matters pending in this Court, as they

{3} are filed in August, 2014. Therefore, in the interest of all, this Court passes following order:

ORDER

1. If after arrest of aforesaid two persons, the investigating agency fees that custodial interrogation of the applicants is also necessary, the investigating officer to give written notice of 72 hours to the applicants from both the proceedings, to enable them to approach this Court for seeking protection.

2. In aforesaid terms, both the proceedings are disposed of.

3. At present, there is no need of further attendance of the applicants before investigating officer.

4. Criminal Applications No. 4895 of 2014 and 5657 of 2014 are filed for permission to assist the learned APP. They are allowed and disposed of.

[T.V.NALAWADE, J.] drp/A15/criapln4694-14