Sandip Bhaskar Gaikar v. The State Of Maharashtra

11_ABA_2062_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2062 OF 2024 Sandip Bhaskar Gaikar ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. Aniket Vagal for applicant.

Mr. Tanveer G. Khan, APP for respondent-State. CORAM : MANISH PITALE, J.

DATE :

14th OCTOBER, 2024 P.C. :

.

By order dated 05.08.2024, interim relief was granted in favour of the applicant, subject to condition that he co-operates with the investigation and remains present before the investigating officer on specific dates. 2.

It is undisputed that the applicant remained present before the investigating officer and answered the queries made by the investigating officer.

3.

It is to be noted that in the present case, the name of the applicant has not featured in connection with the subject FIR, but he is named in the statement given by a co-accused person. Even according to the investigating authority, the driver of the vehicle in which certain beer bottles were missing, led the police to another co-accused person on whose property, the missing beer bottles were found. It is this co-accused person, who took the name of the applicant as being involved in the present case. Digitally signed by PRIYA KAMBLI Date:

2024.10.14 19:22:22 +0530 PRIYA KAMBLI 1/2

11_ABA_2062_24.doc 4.

It appears that the applicant has been arraigned as an accused on the statement of the aforesaid co-accused person. The missing beer bottles have been admittedly recovered and in these circumstances, since the applicant did appear before the investigating officer, in terms of the interim order granted by this Court, the said interim order can be confirmed and the application can be allowed.

5.

In view of the above, the interim order dated 05.08.2024 is confirmed and the application is allowed. The applicant shall continue to co-operate with the investigation. He shall not tamper with the evidence of the prosecution in any manner. He shall also not influence the informant, witnesses and other persons concerned with the case. (MANISH PITALE, J) Priya Kambli 2/2