Rohit Sanjay Katore v. The State Of Maharashtra

914_ABA_2594_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2594 OF 2024 Rohit Sanjay Katore ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. Shubham Wadne, i/b. Mr. Nitin Gaware Patil for applicant. Mr. Bapu V. Holambe-Patil, APP for respondent-State. PSI N. J. Talwade, Chakan Police Station, District Pimpri-Chinchwad. CORAM : MANISH PITALE, J.

DATE :

03rd DECEMBER, 2024 P.C. :

.

Heard learned counsel for the applicant and the learned APP for the respondent-State.

2.

By order dated 25.09.2024, this Court granted interim relief in favour of the applicant, subject to specific conditions, including a direction to appear before the investigating officer on 27.09.2024 and 28.09.2024. It is reported that the applicant did appear before the investigating officer, in terms of the aforesaid direction. 3.

While granting interim relief in favour of the applicant, this Court observed as follows:

"7.

This Court perused the investigation papers that were tendered by the learned APP. In the said papers, this Court could not find any statement made by the co-accused persons to the effect that it was at the behest of the applicant that they were carrying the gelatin sticks and detonators. If that be so, it is only the statement of the informant/Police Officer that he was told by the co-accused persons Digitally signed by PRIYA KAMBLI Date:

2024.12.03 16:21:33 +0530 PRIYA KAMBLI 1/2

914_ABA_2594_24.doc about involvement of the applicant. There does not appear to be any other material to link the applicant with the offences in question. It would be appropriate that the learned APP takes further instructions in the matter to apprise this Court, as to whether any further material is available, during the course of investigation, indicating involvement of the applicant with the incident in question. But, till that time, the applicant has indeed made out a prima facie case in his favour for granting relief." 4.

The aforesaid reasons recorded in the interim order, hold good for allowing the application itself, considering the fact that the applicant did appear before the investigating officer, as per the direction issued by this Court.

5.

In view of the above, the interim order dated 25.09.2024 is made absolute and the application is allowed, subject to the applicant continuing to co-operate with the investigation, including remaining present before the investigating officer, as and when called. 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