Suhil Ramchandra Tawade And ORS v. State Of Maharashtra

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.236 OF 2024 Suhil Ramchandra Tawade and Ors.

.. Applicant

Versus

State of Maharashtra .. Respondent WITH INTERIM APPLICATION NO.381 OF 2024 IN ANTICIPATORY BAIL APPLICATION NO.236 OF 2024 ....................

 Mr. Akash Kavade a/w. Ms. Aishwarya Sharma, Advocates for Applicant.

 Mr. Balraj B. Kulkarni, APP for Respondent - State of Maharashtra.  Mr. Harshad Bhadbhade a/w. Ms. Nikita Mandaniyan and Ms. Swati Panjwani, Advocates for Intervenor / Applicant in Interim Application No.381 of 2024.

 Mr. Ashishkumar A. Adsul, Police Inspector, Marine Drive Police Station.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 06, 2025 P.C.

:

1.

Heard Mr. Kavade, learned Advocate for Applicant; Mr. Kulkarni, learned APP for Respondent - State of Maharashtra and Mr. Bhadbhade, learned Advocate for Intervenor / Applicant in Interim Application No.381 of 2024.

2.

Prima facie reading of several orders which have been passed in present Anticipatory Bail Application pending from 29.01.2024 determines that the Investigation Agency wants to proceed only against Accused Nos.1, 8 and 13. It is so stated in the order dated 13.09.2024. Corrected / Modified order as per Speaking to the Minutes of order dated 09.01.2025. 1 of 3

In so far other Accused are concerned, it is recorded that Investigating Agency does not wish to proceed against them. Mr. Kulkarni would take appropriate instructions and inform the Court so that appropriate orders can be passed in this case.

3.

That apart, even in so far as Accused Nos.1, 8 and 13 are concerned, there is a categorical direction in paragraph No.1 of the aforesaid order with respect to enlisting their cooperation and attendance in the Police Station. Mr. Kulkarni would inform the Court that the Investigating Officer has been replaced and the incumbent Investigating Officer will have to look into the matter to ascertain the aforesaid provisions and he has no instructions at present. 4.

All that I have impressed upon Mr. Kulkarni is to inform the Court whether the investigation with respect to Accused Nos.1, 8 and 13 has been completed or otherwise pursuant to order dated 13.09.2024 so that this Application can be disposed of. 5.

Considering the aforesaid issue which is involved in the present case, I propose to hear the learned APP first and thereafter the Complainant who is also represented.

6.

Mr. Bhadbhade, learned Advocate for Complainant persuades the Court to take into cognizance the fact that in paragraph No.5 of the order dated 13.09.2024, the Court has already discharged case of the other Accused save and except case of Accused Nos.1, 8 and Corrected / Modified order as per Speaking to the Minutes of order dated 09.01.2025. 2 of 3

13. In that view of the matter, Mr. Kulkarni will take appropriate instructions and inform the Court accordingly. 7.

Ad-interim relief granted in favour of the remaining Applicants shall continue till the next date. 8.

Stand over to 20th January, 2025.

H. H. SAWANT [ MILIND N. JADHAV, J. ] HARSHADA HANUMANT SAWANT Date: 2025.01.13 15:35:21 +0530 HARSHADA HANUMANT SAWANT Corrected / Modified order as per Speaking to the Minutes of order dated 09.01.2025. 3 of 3