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Bombay High CourtABA/2871/2023disposed off

Jayashri Digambar Agawane And ORS. v. The State Of Maharashtra

2025-09-17Hon'Ble Shri Justice Shivkumar Dige3 pages

Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2871 OF 2023

1. Jayashri Digambar Agawane

2. Satyawan Dharmaraj Agawane

3. Bhimrao Gulabrao Mane ...Applicants

Versus

The State of Maharashtra

...Respondents

_______ Ms. Pradnya Talekar i/by Talekar and Associates for applicants. HARISH VITHAL CHAUDHARI by HARISH VITHAL CHAUDHARI Date:

2025.09.19 12:35:06 +0530 Mr. S. S. Chaudhari, APP for the Respondent-State. _______

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

17th SEPTEMBER 2025 P.C.

1.

Applicants are apprehending arrest in Crime No.1086 of 2022 registered with Satara City Police Station, Dist. Satara for the offences punishable under Sections 406, 420 and 34 of the Indian Penal Code.

2.

It is prosecution's case that during the the period from 2016 to November, 2022 the applicants and co-accused taken loan from various banks by mortgaging the property thereafter the said property was again mortgaged by the applicants with other bank and obtained loan on it.

3.

It is the contention of learned counsel for the applicants that the applicants are on interim relief for around two years. They have co-operated in the investigation. Investigation is completed. Chargesheet has been filed. The present FIR is filed against the applicants on account of political rivalry. Hence, requested to allow the application.

4.

It is the contention of learned APP that Investigation is completed. Chargesheet has been filed. The applicants have cooperated in the investigation. Hence, appropriate order be passed. 5.

I have heard both the learned counsels, perused the FIR and documents placed on record.

6.

The applicants are on interim relief for around two years. They have co-operated in the investigation. Investigation is completed. Chargesheet has been filed. Considering these facts, custodial interrogation of the applicants are not necessary. Hence, I pass the following order.

ORDER

(i) Application is allowed;

(ii) In the event of arrest, the applicants be enlarged on bail in Crime No.1086 of 2022 registered with Satara City Police Station, Dist. Satara, on executing P.R.Bond in the sum of Rs.30,000/- each

with one or two sureties in the like amount.

(iii) The applicants shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant or any of the persons acquainted with the facts of the case. (iv) The applicants shall attend the concerned police station as and when required.

6.

The application is allowed in the aforesaid terms and is accordingly disposed off.

7.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)