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Bombay High CourtABA/512/2025allowed

Yogesh Radheshyamji Patiye v. State Of Maharashtra

2025-02-25Hon'Ble Shri Justice Rajesh S. Patil2 pages

903-ABA-512-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 512 OF 2025 YOGESH RADHESHYAMJI PATIYE ...APPLICANT VS STATE OF MAHARASHTRA AND ANRT ...RESPONDENTS ...

Adv. Nitin Gaware Patil a/w Shrirang Katneshwarkar & Sandeep Gupta for the Applicant.

Adv. Ajay S. Patil, APP for the State.

Adv. Ganesh Singh for the Intervenor.

API Sunil Wagh, Panvel City Police Station.

...

CORAM

: RAJESH S. PATIL, J.

DATED : FEBRUARY 25, 2025 P.C.:

1.

The present applicant is accused no. 2 in the FIR bearing No. 721/2024. As regards the accused no. 1, he was arrested and was granted regular bail by the Sessions Court. The order passed in the regular bail application of the accused no. 1 was shown to me by the advocate appearing for the applicant. In the said order in paragraph nos. 7 and 8 it has been recorded that the first informant had given his no objection in view of the fact that the sum of Rs. 50 lakhs paid by the first informant to accused no. 1 was returned back. It was further recorded in the said order that no purpose will be served by keeping the accused behind the bar during pendency of the trial. 2.

Learned APP submits that as regards the present Harish

903-ABA-512-2025.doc applicant/accused no. 2 is concerned, he has to attend the police station and inform the Investigating Officer as to who had prepared forged documents/receipts and the government rubber stamp on these receipts. If he co-operates with the Investigating Officer, they will consider on the next occasion whether they want to give no objection for his custody.

3.

Learned counsel for the first informant submits that the custody of the present applicant is necessary since he was the person who had committed the present crime in connivance with accused no. 1. 4.

In my view, as of now, suffice would be the purpose if the present applicant/accused no.2 is directed to attend the office of the Investigating Officer and hand over the documents which the Investigating Officer requires and the statement of the present applicant be recorded.

5.

The applicant is directed to attend the office of the concern Investigating Officer on 28 February 2025, 1 March 2025 and 2 March 2025 between 11.00 am to 1.00 pm.

6.

In the meanwhile, till the next date of hearing, no coercive steps be taken against the applicant.

7.

Stand over to 10 March, 2025 under the caption "for urgent circulation."

(RAJESH S. PATIL, J.) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 26/02/2025 16:23:50 Harish