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Bombay High CourtABA/334/2025allowed

Sukesh Balasaheb Khot v. The State Of Maharashtra

2025-02-06Hon'Ble Shri Justice Manish Pitale2 pages

903_ABA334_25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.334 OF 2025 Sukesh Balasaheb Khot ...

Applicant Vs.

State of Maharashtra and another ...

Respondents Mr. Aniket Nikam a/w. Mr. Amit Icham for Applicant. Mr. A. A. Naik, APP for Respondent-State.

Mr. Amol B. Jagtap for Respondent No.2.

Ms. Sonali Rathod, First Informant - Respondent No.2. CORAM : MANISH PITALE, J.

DATE : FEBRUARY 06, 2025 P.C. :

.

This is the second bail application filed before this Court. The first anticipatory bail application i.e. Anticipatory Bail Application No.3406 of 2024 of this very applicant was dismissed by a speaking order of this Court on 16.12.2024.

2.

The applicant claims that there is change in circumstances after the order was passed and therefore, a further application was moved before the Sessions Court, which is dismissed and in that light, the present application has been preferred. As per the position of law clarified by the Supreme Court in the case of G. R. Ananda Babu Vs. State of Tamil Nadu and another (order dated 28.01.2021 passed in criminal appeal arising out of SLP (Crl.) No.213 of 2021), such successive anticipatory bail applications ought not to be entertained. 3.

The learned counsel for the applicant is unable to dispute the said dictum, but, he submits that in the present case, the first informant has come forward to state that she is willing to support the prayer being MINAL SANDIP PARAB MINAL SANDIP PARAB Date: 2025.02.06 14:53:08 +0530 1/2

903_ABA334_25.doc made in the present application as the first informant and the applicant intend to get married.

4.

The first informant is present in Court. She is also appearing through advocate and it is submitted that she is ready to file an affidavit before this Court.

5.

In that light, leave is granted to the applicant to add the first informant as party respondent No.2. Amendment be carried out forthwith.

6.

Issue notice to the respondent No.2.

7.

Mr. Jagtap, learned counsel waives notice on behalf of the respondent No.2.

8.

Affidavit on behalf of the respondent No.2 (first informant) be filed on or before 11.02.2025.

9.

List the application on 12.02.2025 in the supplementary list. (MANISH PITALE, J.) Minal Parab 2/2