Santoshkumar Kisanrao Khandagale v. The State Of Maharashtra

1 29-ABA.1149-22+1.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 29 ANTICIPATORY BAIL APPLICATION NO.1149 OF 2022 WITH APPLN/2871/2022 IN ABA/1149/2022 SANTOSHKUMAR KISANRAO KHANDAGALE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Ghanekar Nilesh S. APP for Respondent-State : Mr. V. M. Kagne.

Advocate for Complainant to assist APP : Mr. Pawar H. F. ...

CORAM : S. G. MEHARE, J.

DATE : 26.09.2022 PER COURT :- 1.

Heard the learned counsel for the applicant, learned APP for the respondent-State and learned counsel for the complainant.

2.

The facts of the case have been discussed in detail in the order dated 29.08.2022.

3.

Every aspect has been considered by the Court while granting interim protection. Learned APP and learned counsel Mr. Pawar have strongly opposed the application. They have relied upon one chit which they are calling it as a suicide note. 4.

It is not in dispute that the applicant and deceased had some relations, but they had closed their relation with the

2 29-ABA.1149-22+1.odt knowledge of the husband of the deceased. After having gone through the contents of the chit, there are no iota of evidence that she has committed a suicide due to the abatement of the applicant.

5.

Considering the facts and the break in the relationship of applicant and deceased, this Court is of the view that the application deserves to be allowed. Needless to state that the findings are restricted to the present bail application. Hence, the following order :

O R D E R

(i) The application is allowed.

(ii) The interim protection granted to the applicant by the order dated 29.08.2022 stands confirmed on the same terms and conditions.

(iii) Criminal Application No.2871 of 2022 is allowed. (S. G. MEHARE, J.) ...

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