Anil Baburao Disale And ORS v. The State Of Maharashtra

908_ABA_3061_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3061 OF 2024

1. Anil Baburao Disale

2. Sangita Anil Disale

3. Sagar Anil Disale

4. Swapnil Anil Disale ...

Applicants vs.

The State of Maharashtra ...

Respondent Mr. Satyavrat Joshi (through video-conferencing) a/w. Mr. Ishan Paradkar & Ms. Reena Prajapati for applicants.

Mr. Pankaj Deokar, APP for respondent-State.

CORAM : MANISH PITALE, J.

DATE :

28th JANUARY, 2025 P.C. :

.

At the outset, it is pointed out that in the order dated 21.01.2025, the next date of listing was inadvertently recorded as 28.02.2025, while it was specifically directed that the application shall be listed on 28.01.2025.

2.

The typographical error in the order dated 21.01.2025 in the present application shall be corrected forthwith and the corrected order shall be uploaded on the website.

3.

On 19.11.2024, this Court granted interim relief in favour of the applicants, after taking note of the fact that the offence in the present case concerns assets disproportionate to the known sources of income. Thereupon, this Court made the following observation: Digitally signed by PRIYA KAMBLI Date:

2025.01.28 14:32:11 +0530 PRIYA KAMBLI 1/2

908_ABA_3061_24.doc "6.

Considering the nature of offence in the present case, it necessarily involves documentary material and if the grievance of the Investigating Officer is that the applicants have not appeared before him, an appropriate direction can be issued. But, at this stage, physical custody of the applicants may not be necessary, so long as they co-operate with the investigation."

4.

This Court is informed that the applicants indeed appeared before the investigating officer as directed in the said order dated 19.11.2024 and that they have co-operated with the investigation. This fact is confirmed by the learned APP on instructions. 5.

This Court is of the opinion that since the investigation in the present case necessarily involves documentary material and the applicants have been co-operating with the investigation, the interim order deserves to be confirmed and the application ought to be allowed.

6.

In view of the above, the interim order dated 19.11.2024 is confirmed. The application is allowed, subject to the applicants continuing to co-operate with the investigation. They shall not influence the informant, witness or any person concerned with the case and shall not tamper with the evidence.

(MANISH PITALE, J) Priya Kambli 2/2