Mangesh Vitthal Bhorekar v. State Of Maharashtra

20_ABA1722_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1722 OF 2024 Mangesh Vitthal Bhorekar ...

Applicant Vs.

State of Maharashtra ...

Respondent Mr. Sudeep Pasbola a/w. Mr. Ayush Pasbola, Ms. Mrunal Bhide, Mr. Rohin Chauhan and R. Gurnani for Applicant.

Mr. Balraj B. Kulkarni, APP for Respondent-State. CORAM : MANISH PITALE, J.

DATE : JULY 19, 2024 P.C. :

.

Heard Mr. Pasbola, learned counsel for the applicant and Mr.Kulkarni, learned APP for the respondent-State. 2.

On 01.07.2024, after hearing the counsel, this Court granted interim order in favour of the applicant, subject to the applicant remaining present before the investigating officer on 03.07.2024 and 04.07.2024, and also on a condition that he would co-operate with the investigation. In the said order, this Court recorded detailed reasons in paragraph 3 as to why the applicant deserved the interim order in his favour.

3.

In the said order, this Court also recorded the fact that according to the learned APP, the applicant has criminal antecedents. In response, the learned counsel appearing for the applicant submitted that in one of the cases, the applicant was acquitted.

4.

Today, the learned counsel for the applicant submits that the applicant remained present before the investigating officer as directed by MINAL SANDIP PARAB MINAL SANDIP PARAB Date: 2024.07.19 18:53:30 +0530 this Court and that, he has co-operated with the investigation. This is not 1/2

20_ABA1722_24.doc disputed by the learned APP.

5.

The learned counsel for the applicant has tendered a copy of the judgement and order dated 20.07.2018 passed in Miscellaneous Criminal Case No.2989 of 2016, wherein the applicant was acquitted for offences under Section 353, 504 and 506 read with Section 34 of the IPC. Copy of the said judgement and order is taken on record and marked 'X'. 6.

This Court is of the opinion that since the applicant has cooperated with the investigation and the reasons recorded in paragraph 3 of the interim order dated 01.07.2024 hold good, the said interim order can be made absolute and the present application can be allowed. 7.

In view of the above, the application is allowed and the interim order dated 01.07.2024 is made absolute, subject to the applicant abiding by conditions 'A' and 'C' mentioned in paragraph 7 of the said order, and further, the applicant co-operating with the investigation. (MANISH PITALE, J.) Minal Parab 2/2