Bombay High CourtABA/271/2017allowed

Gajanan Balaji Pal v. State Of Maharashtra Thr. Police Station Officer Ramnagar, Chandrapur

2017-07-05Hon'Ble Shri Justice Z.A. Haq3 pages

1 aba271.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 271 OF 2017 (GAJANAN BALAJI PAL...VS.. STATE OF MAH. THR. P.S.O. RAMNAGAR, CHANDRAPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Amol Mardikar, Advocate for Applicant.

Shri T.A.Mirza, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JULY 05, 2017.

Heard.

Apprehending arrest in connection with crime registered against him and co-accused Dr. Chetan Khutemate for the offences punishable under Sections 120B read with Section 302 of the Indian Penal Code, the applicant has sought pre-arrest bail.

The crime is registered on the complaint lodged by Dr. Manish Musale, brother of Dr. Chetan Khutemate's wife. The facts on record show that the matrimonial life of Dr. Chetan Khutemate and his wife Yogita was not successful and Dr. Yogita left company of Dr. Khutemate along with her five year old son and presently is reported to be out of India. The accusations against the applicant are that because of the dispute between Dr. Chetan Khutemate and Yogita, the complainant had made several complaints against Dr. Chetan Khutemate to various authorities and getting annoyed by the same Dr. Chetan Khutemate gave contract to Sinuanna to kill

2 aba271.17 the complainant and this contract was given through the applicant. According to the Investigating Agency, the material available with it shows that the contract to kill was given for Rs.One Crore and advance of Rs.Seven Thousand was given by the present applicant and Dr. Chetan Khutemate to Sinuanna. Sinuanna is not shown as co-accused. The applicant, aged about 34 years, claims to be Civil Contractor and has stated that he is not involved in any other crime/ offence.

This Court has passed order on 20th April, 2017 granting protection to the applicant. The Investigating Agency has not complained that the applicant has not cooperated with it. Considering the facts of the case, following order is passed:

In the event of arrest in connection with Crime/ FIR No. 672 of 2017, registered by the non-applicant, the applicant be released on bail on executing P.R. Bond for Rs.Twenty Five Thousand and furnishing one solvent surety in the like amount.

The applicant shall attend Police Station, Ram Nagar, Tahsil and District : Chandrapur on 9th July, and 16th July, 2017 between 11.00 a.m. and 1.00 p.m.

The application is allowed in the above terms.

3 aba271.17 CRI.APPLN.(APPP) NO.705/2017.

In view of disposal of the bail application, the application praying for time to file certified copy of order does not survive, hence, it is disposed of.

JUDGE RRaut..