Aarti Ravichanda Hospure And ANR. v. The State Of Maharashtra And ANR.

Osk 40-ABA-1527-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1527 OF 2021

1. Aarti Ravichandra Hospure

2. Ravichandra Rudrappa Hospure ... Applicants V/s.

The State of Maharashtra & Anr.

... Respondents Mr.C.K. Pendse a/w. Mr.Rahul Arote for Applicants. Mrs.Anamika Malhotra, A.P.P. for Respondent-State. Mr.Sambhaji Gaikwad, HC/1680, Mahatma Gandhi Chowk Police Station, District Sangli.

CORAM : A.S. GADKARI, J.

DATE : 13th September 2021.

P.C. :

1.

Heard Mr.Pendse, learned counsel for the Applicants and Mrs.Malhotra, learned A.P.P. for State. Perused chargesheet and record of investigation.

2.

By a speaking Order dated 2nd July 2021, the Applicants were granted interim relief.

3.

The allegation against the Applicants in nutshell is that, they allegedly tried to interfere in the process of investigation and influence witnesses. Neither any specific section is applied to the present crime for the said alleged act nor a specific charge is levelled against them, even after 1/2

Osk 40-ABA-1527-2021.odt completion of investigation. The allegations against the Applicants are only general in nature. Even the notice dated 17th April 2021 issued to the Applicant No.1 by the Investigating Officer does not make any reference as to under which provision of law the same was sent, calling upon her to the Police Station for enquiry/investigation.

The investigation of the present crime is already completed and police have submitted chargesheet.

4.

Perusal of chargesheet would indicate that, apart from what has been stated in the aforestated para No.3, no other specific role is attributed to the Applicants in the present crime.

5.

In view thereof, according to this Court the custodial interrogation of the Applicants for further investigation of the present crime is not necessary and they can be protected by pre-arrest bail. 6.

Interim relief, granted by Order dated 2nd July 2021, is hereby confirmed.

7.

Application is allowed in the aforesaid terms. [A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date:

2021.09.15 14:59:19 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2