Kamlakar Anandrao Kadam v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3099 OF 2021 Kamlakar Anandrao Kadam ...Applicant

Versus

State Of Maharashtra

...Respondent

....

Mr. Kuldeep Patil i/by Ms. Saili Dhuru, Advocate for the Applicant. Mr. Shriram Chaudhari, APP for the Respondent - State. V.S. Gadave, PSI, MIDC Kupwad Police Station, Sangli, present. ....

CORAM

:

ANIL S. KILOR, J.

DATE :

10th JUNE, 2024.

P.C.

:

1.

Heard.

2.

The applicant is seeking pre-arrest bail in Crime No. 146 of 2020, registered with MIDC Sangli Police Station, District : Sangli for the offences punishable under Sections 420, 464, 468, 417 r/w 34 of Indian Penal Code.

3.

In the present matter, the Applicant was granted adinterim bail on dated 22nd December, 2021 and since then he has been on bail.

4.

Learned Counsel for the Applicant points out that initially by SUNNY ANKUSHRAO THOTE Date:

2024.06.11 19:10:39 +0530 SUNNY ANKUSHRAO THOTE the Applicant visited the Police Station to cooperate the

Investigating Officer in investigation. However, thereafter he was never called by Investigating Officer. It is pointed out that the charge-sheet is not yet filed even after laps of period of three and half years. It is pointed out that the Accused No.1 is absconding. 5.

Learned Counsel for the Applicant further points out that all the relevant records have already been seized by the Investigating Officer and it is in the custody of the Investigating Officer. It is submitted that as such the custody of the Applicant is not necessary.

6.

Learned Counsel for Intervenor and learned APP strongly opposed the Application and submit that considering the allegations in the First Information Report (for short 'FIR') the Applicant may not be granted bail.

7.

In the light of the rival submissions, I have perused the record and the FIR. It is evident that the relevant documents have already been seized by Investigating Officer and it is in custody of the Investigating Officer. Further the Applicant is on bail from last more than three and half years and there is no complaint saying that he misused the liberty. There are no antecedents against the Applicant. Hence, I am of the opinion that the Applicant is entitled

for grant of anticipatory bail. Accordingly, the Application is allowed. The Order dated 22nd December, 2021 is confirmed. (ANIL S. KILOR, J.)