Vinod Shrikant Sakpal v. State Of Maharashtra

Diksha Rane 8 ABA 978-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 978/2025 VINOD SHRIKANT SAKPAL ..APPLICANT VS.

STATE OF MAHARASHTRA ..RESPONDENT WITH INTERIM APPLICATION NO. 1625/2025 IN ANTICIPATORY BAIL APPLICATION NO. 978/2025 MAHESH PRALHAD CHAWLA ..APPLICANT VS.

STATE OF MAHARASHTRA & ANR.

..RESPONDENTS ------------ Adv. Pradhymna Waghmare a/w. Adv. M. B. Gupta for the applicant. Mr. A. A. Palkar, APP for the State.

Adv. Prithiviraj Gole for the intervener.

------------ CORAM : RAJESH S. PATIL, J.

DATE : APRIL 29, 2025.

P.C. :

INTERIM APPLICATION NO. 1625/2025 IN ANTICIPATORY BAIL APPLICATION NO. 978/2025 1.

This Interim Application is filed by the informant to add him as party respondent no.2.

2.

In view of the law laid down by the Hon'ble Supreme Court in

Diksha Rane 8 ABA 978-2025.doc Jagjeet Singh & Ors. vs. Ashish Mishra @ Monu & Anr., in Criminal Appeal No.632 of 2002, it is held that a victim is entitled to be heard during adjudication of bail application of the accused. 3.

For the reasons mentioned in the Interim Application and the law laid down by the Supreme Court as noted above, the Interim Application is allowed in terms of prayer Clause (b). 4.

The applicant is directed to add the informant as party respondent no.2 in the present proceeding. Amendment to be carried out forthwith. If the amendment is not carried, the anticipatory bail application stands dismissed without reference to this Court. The learned APP to serve the amended copy of the anticipatory bail application to the informant through IO.

5.

The Interim Application is disposed of accordingly. ANTICIPATORY BAIL APPLICATION NO. 978/2025 6.

The learned counsel for respondent no.2 submits that the total amount due as per the FIR is Rs.22 lakhs. The applicant is admitting only a sum of Rs.12 lakhs out of which a sum of Rs.6 lakhs has already been paid. He submits that out of Rs.22 lakhs, Rs.10 lakhs was paid him in cash. The receipts to that effect have been enclosed along with the Interim Application at pages 15, 20 and 21.

Diksha Rane 8 ABA 978-2025.doc 7.

The learned APP submits that the IO has recorded the statement of one of the witnesses to the said receipt, a lady named Kunda Warang, who has signed as a witness. She also acknowledges that a sum of Rs. 22 lakhs was paid in cash to the applicant. 8.

The learned counsel for the applicant seeks short accommodation in order to take instructions from the applicant. 9.

Stand over to 30/4/2025.

(RAJESH S. PATIL, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 29/04/2025 18:24:30