Mahendra Dattatray Khaire v. The State Of Maharashtra
SMITA JOHNSON GONSALVES SMITA JOHNSON GONSALVES Date: 2025.08.09 01:06:40 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.1794 of 2025 Amol Baban Pise ... Applicant versus The State of Maharashtra ... Respondent With Anticipatory Bail Application No.1800 of 2025 Mahendra Dattatray Khaire ... Applicant versus The State of Maharashtra ... Respondent ---- Mr Aniket Nikam, a/w. Mr Sumit Patil, i/b. Mr Amit Icham, for the applicant in both ABAs.
Mr PP Jadhav, APP, for the respondent/ State in ABA/1794/2025.
Mr SV Walve, APP, for the respondent/ State in ABA/1800/2025.
PSI Amol Anil Khatavkar, Malegaon Police Station, Pune Rural, is present.
---- Coram: R.N. Laddha, J.
Date: 7 August 2025.
P.C.:
.
The learned Counsel for the applicants submits that the applicants had earlier lodged an FIR against the first informant
on 18 March 2025, alleging the commission of extortion by the said informant. He submits that, in a subsequent development, on 9 April 2025, the present FIR came to be registered by the same informant against the applicants. The learned Counsel further submits that the accused No.1 and the informant were in a consensual relationship since September 2023, and even subsequent to the alleged incident forming the subject matter of the present FIR, the accused and the informant continued to travel together to various locations, indicating continued association.
2.
The learned Counsel contends that the informant has a history of initiating similar criminal proceedings against other individuals in the past, thereby casting doubt on the bona fides of the present FIR. He also submits that the charge-sheet in the present case has already been filed and that no further recovery or discovery remains outstanding insofar as the applicants are concerned. The applicants are ready and willing to cooperate with the investigating agency, including by submitting themselves for medical examinations and surrendering their mobile phones as may be required for the purpose of investigation. He further submits that a co-accused in the same crime has already been granted interim protection from coercive action vide order dated 18 June 2025.
3.
The learned Counsel also seeks leave to implead the informant (XYZ), as respondent No.2 in the present application. Leave, as prayed for, is granted. The applicants shall carry out the necessary amendment to the cause title within a period of one week from today. Upon such amendment being carried out, issue notice to the newly added respondent. The Investigating Officer is directed to ensure service of notice upon respondent No.2.
4.
By consent of the learned Counsel for the parties, the matter is adjourned to 19 August 2025. In the meantime, the applicants shall report to the concerned police station on 11th, 12th and 13th August 2025 between 11.00 a.m. and 2.00 p.m., surrender their mobile phones, undergo the requisite medical examination, and cooperate with the investigation. There shall not be any coercive action against the applicants in the present crime until the next date.
5.
To be listed along with Anticipatory Bail Applications No.1465 of 2025 and 1456 of 2025.
(R.N. Laddha, J.)