Naresh Jagumal Karda v. State Of Maharashtra And ANR

SANTOSH SUBHASH KULKARNI Santosh SANTOSH SUBHASH KULKARNI Date: 2024.10.28 11:51:48 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1285 OF 2024 WITH ANTICIPATORY BAIL APPLICATION NO.1234 OF 2024 WITH INTERIM APPLICATION NO.2070 OF 2024 WITH ANTICIPATORY BAIL APPLICATION NO.1284 OF 2024 WITH ANTICIPATORY BAIL APPLICATION NO.1345 OF 2024 WITH ANTICIPATORY BAIL APPLICATION NO.1351 OF 2024 WITH ANTICIPATORY BAIL APPLICATION NO.1434 OF 2024 Ashok Motilal Katariya and Anr ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

Mr. Amit Desai, Senior Advocate a/w Mr. Kamlesh Ghumre a/w. Mr. A. R. Kapadnis and Sonali Jadhav, for the applicants in ABA/1284/2024.

Mr. Kamlesh Ghumre a/w. Mr. A. R. Kapadnis and Sanket Patil, Sonali Jadhav for the Applicants in ABA Nos. 1285 of 2024, 1351 of 2024 and 1345 of 2024.

Mr. Shirish Gupte, Senior Advocate a/w Mr. Ritesh Chaudhary for the Applicants in ABA/1234/2024. Mr. Sanjeev Kadam a/w. Mr. Vikas Shivarkar, for the Applicants in ABA No. 1434 of 2024.

Mr. Devvrat Singh a/w Aashutosh Rathod, for the Respondent in all matters.

Mr. A. A. Naik, APP for the Respondent - State.

CORAM:

N. J. JAMADAR, J.

DATED:

24th OCTOBER, 2024 PC:- 1.

Heard the learned Counsel for the parties.

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2.

Hearing in ABA/1284/2024 and ABA/1285/2024 was concluded on 17th October, 2024.

3.

The learned Counsel for the first informant - respondent No.2 submits that, after the conclusion of hearing, respondent No.2 has come across certain documents, which bear upon the entitlement of the applicants for pre-arrest bail.

4.

The learned Counsel for the first informant seeks leave to tender additional affidavit on behalf of respondent No.2. 5.

The learned Counsel for the applicants submits that the additional affidavit has been served on the applicants the night before.

6.

The learned Counsel for the applicants seeks time to consider the additional affidavit on behalf of respondent No.2 and file an affidavit to deal with assertions therein and the documents annexed thereto.

7.

Since respondent No.2 has filed the affidavit post conclusion of hearing, the applicants deserve an opportunity. 8.

The applicants are at liberty to file an affidavit to deal with the additional affidavit on behalf of respondent No.2 on 2/3

or before 12th November, 2024, and serve its copy on the respondents.

9.

If need be, the parties would heard with regard to the new facts which are brought on the record of the Court by way of additional affidavit.

10.

Stand over to 18th November, 2024.

11.

Interim protection, granted earlier, shall continue to operate till the next date.

[N. J. JAMADAR, J.] 3/3