Shivhar Chandbasappa Shete v. The State Of Maharashtra And Another

237.2023ACB.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

1026 APPLICATION FOR CANCELLATION OF BAIL NO. 237 OF 2023 SHIVHAR CHANDBASAPPA SHETE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr.Naik Sarvesh Jaipal APP for Respondent/State : Mr.R.K. Ingole Advocate for Respondent no.2 : Mr. Mahesh P. Kale ...

CORAM :

SHIVKUMAR DIGE, J.

DATE :

14th August, 2024.

P.C.:

1.

By this application, the applicant is seeking cancellation of bail of respondent no.2.

2.

It is contention of the learned counsel for the applicant that the applicant lodged the complaint under sections 384, 420, 506 of the Indian Penal Code (For short, "I.P.C.") against respondent no.2. The learned Additional Sessions Judge, Majalgaon has not considered the seriousness of offence and allegations in the complaint and has allowed the anticipatory bail application of respondent no.2, which is erroneous. The custodial interrogation of the applicant is required and requested to allow the application.

3.

It is contention of the learned counsel for respondent no.2 that the investigation is completed. Charge-sheet is filed. The custodial interrogation of respondent no.2 is not required and requested to reject

237.2023ACB.odt the application.

4.

The learned APP submits that the appropriate order be passed. 5.

I have heard all the learned counsel. Perused the impugned order passed by the Additional Sessions Judge. 6.

Admittedly, the investigation is completed. Charge-sheet has been filed against respondent no.2. Considering these facts, the custodial interrogation of the applicant is not required and I pass the following order :-

ORDER

(i) The application is rejected.

[ SHIVKUMAR DIGE, J. ] sga