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Bombay High CourtABA/735/2024disposed off

Sanjay Laxmiprasad Pandey v. The State Of Maharashtra

2024-07-11Hon'Ble Shri Justice N. J. Jamadar3 pages

2024:BHC-AS:27580

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3029 OF 2023 Saryu Prasad Yadav ...

Applicant versus The State of Maharashtra ...

Respondent WITH INTERIM APPLICATION NO.4388 OF 2023 IN ANTICIPATORY BAIL APPLICATION NO.3029 OF 2023 Ramkumar Dadhich ...

Applicant and Saryu Prasad Yadav ...

Applicant versus The State of Maharashtra ...

Respondent WITH ANTICIPATORY BAIL APPLICATION NO.242 OF 2024 Ashutosh Kumar ...

Applicant versus State of Maharashtra ...

Respondent WITH INTERIM APPLICATION NO.673 OF 2024 IN ANTICIPATORY BAIL APPLICATION NO.242 OF 2024 Ramkumar Dadhich ...

Applicant and Saryu Prasad Yadav ...

Applicant versus The State of Maharashtra ...

Respondent WITH ANTICIPATORY BAIL APPLICATION NO.735 OF 2024 Sanjay Laxmiprasad Pandey ...

Applicant versus The State of Maharashtra ...

Respondent SSP 1/3

Mr. Rajendra Rathod with Mr. Nadim Malik, for Applicant in ABA 3029 of 2023. Mr. Shirish Gupte, Sr. Advocate i/by Mr. Ashok Bhatia, for Applicant in ABA 242 of 2024.

Mr. Dilip H. Shukla, for Intervener.

Ms. Mahalaxmi Ganpathy, for State.

PI Nigade, DCB, CID present.

CORAM:

N.J.JAMADAR, J.

DATE :

11 JULY 2024 P.C.

1.

Heard the learned Counsel for the parties.

2.

By an order dated 22 February 2024, this Court had granted interim bail in ABA No.242 of 2024 as the parties have amicably resolved the dispute and consent terms were tendered.

3.

By a subsequent order dated 18 March 2024, this Court verified from the Applicant and Ramkumar Ramnarain Dadhich, the first informant, their voluntariness for executing the consent terms. Thereupon, the consent terms were taken on record. 3.

Learned Counsel for the first informant informed the Court that the applicant has complied with the obligations in the consent terms. 4.

On 27 June 2024, learned APP had submitted that the Investigation Officer required to further interrogate the applicants. Thereupon, the applicants were directed to appear before the Investigation Officer on 5th and 6th July 2024 between 10 a.m. to 1.00 p.m. Learned APP, on instructions, submits that the applicants have appeared before the Investigation Officer on the scheduled dates. SSP 2/3

5.

The Court is also informed that the Petition for quashing the subject FIR No.53 of 2023 is subjudice before the Division Bench and the First informant has filed an affidavit giving consent for quashing of the said FIR. 6.

Since the dispute between Ashutosh Kumar - Applicant in ABA 242 of 2024 and Ramkumar Dadhich, first informant has been amicably resolved and the parties have acted upon the consent terms, further custodial interrogation of the applicant now does not appear necessary for an effective investigation. 7.

The applicants in rest of the applications are implicated as associates of Ashutosh Kumar, the Applicant in ABA 242 of 2024. They were also protected by adinterim orders. 7.

In view thereof, the order dated 22 February 2024 passed in ABA No.242 of 2024 granting interim bail to the applicant - Ashutosh Kumar is made absolute.

8.

The order dated 4 December 2023 passed in ABA 3029 of 2023 granting interim bail to the applicant - Saryu Prasad Yadav is made absolute. 9.

The order dated 18 March 2024 granting interim bail to Sanjay Laxmiprasad Pandey - Applicant in ABA 735 of 2024 is also made absolute. The Applications stand disposed.

11.

Interim Applications also stand disposed.

( N.J.JAMADAR, J. ) SSP 3/3 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 12/07/2024 19:55:39