Birudev Sanjay Lawate v. The State Of Maharashtra And ANR

906-BA-3836-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3836 OF 2024 Birudev Sanjay Lawate ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

_______________________________________________________________ Mr. Vikrant Phatate a/w Mr. Vishal Waghela, for the Applicant. Ms. Veera Shinde, APP a/w Ms. P. P. Bhosale, APP, for the Respondent No.1-State.

Mr. G. M. Savagave a/w Mr. Abhiman D. Patil, for Respondent No.2. Mr. Anand Patil, for the Victim.

Mr. Pavan More, A.P.I., Sangola Police Station, District - Solapur, present.

Mr. Chandrakant Suresh Kamble, present.

Mr. Vijay Abaso Bandgar, present.

_______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: DECEMBER 18, 2024 P.C.:

1.

This Court passed the detailed Order on 10th December 2024. In the said Order dated 10th December 2024, the conduct of the concerned persons has been recorded in detail. 2.

On that date, Chandrakant Suresh Kamble and Vijay Abaso Bandgar were present in Court. Vijay Abaso Bandgar is the son of aunt of the Applicant. He brought the victim to the Court. It is stated by said Vijay Abaso Bandgar that the victim is also his relative. In any case, bringing the victim to the Court for the purpose of giving consent to grant bail to the Applicant and bringing pressure on the victim and her Arjun Page No. 1

906-BA-3836-2024.doc father, prima facie amounts to interference in the administration of justice.

3.

Both, Chandrakant Suresh Kamble and Vijay Abaso Bandgar have tendered unconditional apology and undertaken that they will not repeat such conduct. Both of them paid the cost aggregating to Rs.25,000/- to the Kirtikar Law Library, High Court, Mumbai. The said writings are taken on record and marked "X1" and "X2" for identification. The said apology is accepted. Accordingly, no further steps are required to be taken.

4.

Mr. Phatate, learned Counsel for the Applicant, after arguing the matter for some time, seeks withdrawal of the Bail Application as this Court is not inclined to grant bail. However, he states that as the Applicant is incarcerated since 5th October 2023, liberty be granted to file a fresh Bail Application after a period of 6 months, if there is no progress in the trial.

5.

Accordingly, the Bail Application is allowed to be withdrawn and dismissed as such with liberty to the Applicant to file a fresh Bail Application after a period of 6 months.

6.

Ms. Shinde, learned APP states that appropriate action is being taken by the Police Authorities pursuant to the Order dated 10th December 2024.

[MADHAV J. JAMDAR, J.] Arjun Page No. 2