Raviraj Ramesh Nalavade v. State Of Maharashtra

Santosh SANTOSH SUBHASH KULKARNI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SANTOSH SUBHASH KULKARNI Date: 2023.09.29 17:26:19 +0530 CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1548 OF 2023 WITH INTERIM APPLICATION NO. 1931 OF 2023 Raviraj Ramesh Nalavade ...Applicant

Versus

The State of Maharashtra and anr.

...Respondents

Mr. Amit Icham, a/w Aniket Nikam, i/b Aashish Satpute, for the Applicant.

Smt. Ashvini Takalkar, APP for the State/Respondent. Mr. Ashish Vernekar, for the Intervener.

CORAM:

N. J. JAMADAR, J.

DATED:

27th SEPTEMBER, 2023 ORDER:- 1.

Heard the learned Counsel for the applicant and the learned APP for the State.

2.

This is an application for pre-arrest bail in connection with CR No.302 of 2023, registered with Juna Rajwada Police Station, Kolhapur, for the offences punishable under Sections 376, 323 and 504 of Indian Penal Code, 1860 ("the Penal Code").

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3.

When the application was listed before this Court on 31st May, 2023 this Court was persuaded to grant interim bail recording reasons.

4.

The learned APP submits that pursuant to the order passed by this Court the applicant has appeared before the Investigating Officer and post completion of investigation charge-sheet has also been lodged.

5.

I have perused the allegation in the FIR. The first informant is a married lady. Prima facie the applicant and the first informant were in a relationship outside marriage and the alleged sexual intercourse appeared to be consensual. Since the investigation is complete and chargesheet has been lodged, the arrest and custodial interrogation of the applicant does not seem warranted.

6.

I am, therefore, persuaded to make the order of interim bail dated 31st May, 2023 absolute on the terms and conditions incorporated therein, with the modification that the applicant shall regularly attend the proceedings before the jurisdictional Court.

7.

The application stands disposed.

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8.

In view of disposal of ABA, interim application does not survive and stands disposed.

[N. J. JAMADAR, J.] 3/3