Santosh Tarasing Chavan v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2653 OF 2022 Santosh T. Chavan ...Applicant V/s.

State of Maharashtra

...Respondent.

Mr. Ritesh Thobde a/w. Mr. Sagar S. Tambe for the Applicant. Mr. V.B. Konde-Deshmukh for the APP- State.

CORAM

:

N.R. BORKAR, J.

DATE :

17.10.2022.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending his arrest in Crime No. 493 of 2021 registered at Sadar Bazar Police Station, Solapur for the ofences punishable under Sections 36t4-A, 36t5,, 345,, 346t, 3476 and 3876 of the Indian Penal Code, 186t0.

3.

According to the prosecution, on 4 August 2021, the present applicant along with other co-accused had abducted the husband of the complainant namely Vishal and demanded ransom of Rs.30,000/-.

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I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State. 5,.

The learned counsel for the applicant has placed on record a copy of the order dated 13 June 2022 passed by this Court in Anticipatory Bail Application No. 24976 of 2021 granting anticipatory bail to the co-accused in the crime in question. 6t.

This Court while granting anticipatory bail to the co-accused has observed:

"From the perusal of the order passed by the learned Additional Sessions Judge, it becomes evident that there was a dispute between the victim Vishal and Mr.Ravi Rathod over the repayment of a sum of Rs.30,000/-. In any event, prima facie, there is no material to indicate that the applicant had abducted the victim for ransom. At this length of time, the custodial interrogation of the applicant does not seem warranted."

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One of the co-accused during interrogation disclosed the name of the present applicant as one of the abductors. The very same co-accused disclosed the name of applicant in Anticipatory Bail Application No. 24976 of 2021 as one of the abductors to whom this court has granted anticipatory bail. Considering these facts and circumstances, I am inclined to release the applicant on 2/3

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ORDER

A) The Anticipatory Bail Application is allowed. B) In the event of arrest of the applicant - Santosh T. Chavan in C.R. No. 493 of 2021 registered at Sadar Bazar Police Station, Solapur for the ofences punishable under Sections 36t4-A, 36t5,, 345,, 346t, 3476 and 3876 of the Indian Penal Code, the applicant be released on bail on executing P.R. Bond in the sum of Rs.15,,000/- with one surety in the like amount.

C) The applicant shall not give any threat or inducement to any of the prosecution witnesses.

[N.R.BORKAR, J.] 3/3