Tukaram Yashwant Kapse And ANR v. State Of Maharashtra And ANR

Gitalaxmi 33-APL-704-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 704 OF 2024 Tukaram Yashwant Kapse & Anr.

...Applicants Vs.

The State of Maharashtra & Anr.

...Respondents

Mr. Laxman Kalel for the Applicants.

Mr. A. S. Shalgaonkar, APP for the Respondent-State.

CORAM

: A. S. GADKARI AND DR. NEELA GOKHALE, JJ.

DATE : 18th JUNE 2024 P.C.:- 1) Record prima-facie indicates that, the principal Accused viz. Bapusaheb Tukaram Kapse has passed away. The alleged amounts paid by the Informant were transferred in the account of accused-Bapusaheb Tukaram Kapse. Applicant No. 1 was the Nominee of said bank account and after the demise of his son, he has utilized certain amounts from the said account, being Nominee. Prima-facie it appears that, the Applicants have no direct role to play in the present crime.

In view thereof, admit.

2) As and by way of interim relief, we direct that the investigation of crime to continue, however, the Investigating Agency shall not file charge-sheet without prior leave of this Court. (DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.) by GITALAXMI KRISHNA KOTAWADEKAR Date:

2024.06.25 11:35:56 +0530 GITALAXMI KRISHNA KOTAWADEKAR 1/1