Dr. Chetan S/O. Gajanan Khutemate v. State Of Mahaharashtra Thr. Pso Ramnagar Tah. Chandrapur (Ms)

1 aba272.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 272 OF 2017 (DR. CHETAN GAJANAN KHUTEMATE...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 R.P.Joshi, Advocate for Applicant.

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

Shri Avinash Gupta, Sr. Advocate a/b. Shri M.Anilkumar,Adv. for Complainant.

CORAM : Z.A.HAQ, J.

DATED : JULY 05, 2017.

CRI.APPLN.(APPP) NO.1097/2017.

Heard.

Considering the background of the matter, the complainant/ informant is permitted to assist the prosecution. The criminal application is allowed.

CRI.APPLN.(ABA) NO.272/2017.

Heard.

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

2 aba272.17 The crime is registered on the complaint lodged by Dr. Manish Musale, brother of applicant's wife. The facts on record show that the matrimonial life of the applicant and his wife Yogita was not successful and Dr. Yogita left company of the applicant 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 the applicant and Yogita the complainant had made several complaints against the applicant to various authorities and getting annoyed by the same the applicant gave contract to Sinuanna to kill the complainant and the contract was given through the co-accused Gajanan. 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 Gajanan Paul to Sinuanna. Sinuanna is not shown as coaccused. The applicant, aged about 45 years, claims to be an Ophthalmologist 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:

3 aba272.17 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. CRI.APPLN.(APPP) NO.706/2017.

In view of disposal of the bail application, the application praying for dispensing with filing of certified copies of documents does not survive, hence, it is disposed of.

JUDGE RRaut..