← Library
Bombay High CourtIA/1173/2024disposed off

Digambar Patil And ANR v. The State Of Maharashtra And ANR

2024-12-13Hon'Ble Shri Justice S. M. Modak3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 691 OF 2024 Vishwajit @ Sanjay Prabhakar Chandorkar ...Applicant vs.

The State of Maharashtra

...Respondents

ALONGWITH ANTICIPATORY BAIL APPLICATION NO. 68 OF 2023 Sunil Mohan Sarode ...Applicant vs.

The State of Maharashtra

...Respondents

ALONGWITH INTERIM APPLICATION NO. 1173 OF 2024 Digambar Patil and Anr.

...Applicants vs.

The State of Maharashtra and Anr.

...Respondents

***** Ms. Misbaah Solkar through VC a/w Mr. Sejal Jain Advocate for the Applicant in BA 691 of Mr. Wesley Menezes a/w Mr.

Steven Anthony, Ms. Trupti Kudtudkar, Mr. Ruben M., Mr.

Ayaan Bhattacharyya i/by Mr.

Waqar Pathan Advocate for Applicant in ABA 68 of Mr. Siddhesh Bhole a/w Ms.

Anushree Koparkar i/by SSB Legal and Advisory Advocate for the Applicant in IA 1173 of 2024 1/3

Mr. Ashok S. Gawai APP for Respondent-State M. Jahangirali Sayed EOW Thane City Present ***** CORAM : S. M. MODAK, J.

DATE : 13th DECEMBER 2024 P. C. :- 1.

Today both the applications are fixed for hearing the reply arguments of learned APP. Yesterday learned APP has tried to argue the matter with full force. Even this Court has noticed the investigating officer Mr. Sayed has remained present on most of the dates. 2.

Today this Court has realized, there is need to file an affidavit by the prosecution atleast in Anticipatory bail application. Hence, let the prosecution to file an affidavit.

3.

It is expected that affidavit should not contain vague allegations. It is expected the prosecution to pinpoint the materials collected during the investigation so far as carried out. 4.

Even learned APP has sought liberty to file an affidavit in bail application. Liberty granted but with the same observations. 5.

Learned Advocate Shri Menezes wants to go through the 2/3

affidavit. When filed, the prosecution to give him copy and also to Miss. Solkar in her application.

6.

Learned Adv. Ms. Solkar has expressed concern because the matter is pending since long. She is right. Even though in the next week so may civil matters are fixed, hearing of both the applications be kept on Thursday i.e. 19th December 2024. The prosecution to file both the affidavits in the office on Wednesday. Copy be given to both learned Advocates on Wednesday itself.

7.

Interim relief granted earlier to continue till next date. 8.

Matter be kept on 19th December 2024.

[S. M. MODAK, J.] 3/3 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 14/12/2024 15:47:36