2024:BHC-AUG:29502 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
951 ANTICIPATORY BAIL APPLN. NO. 880 OF 2024
1] SANKALP RAMDAS GADEKAR
2] SUMANBAI WD/O. RAMDAS GADEKAR VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicants : Mr.S.G.Kawade APP for Respondent-State : Mrs.V.S.Chaudhari Advocate for the Assist to P.P. : Mr.R.M.Bhagwat h/f.
Adv.G.P.Shinde …
AND CRIMINAL APPLICATION NO. 4918 OF 2024 IN ANTICIPATORY BAIL APPLN. NO.880 OF 2024 HARIDAS AAPPASO GADEKAR VERSUS THE STATE OF MAHARASHTRA & OTHERS …
Advocate for the applicant : Mr.R.M.Bhagwat h/f.
Adv.G.P.Shinde APP for Respondent-State : Mrs.V.S.Chaudhari Advocate for respondent nos. 2 and 3 : Mr.S.G.Kawade ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 12.12.2024
JUDGMENT :
(ARUN R. PEDNEKER, J.)
1] Heard learned counsel for the applicants and the learned APP for the respondent-State.
2] The applicants have approached this Court apprehending arrest in connection with Crime No. 406/2024, registered with Sadar Bajar Police Station, Jalna, for the offences punishable under Sections 420, 468, 471, 506 and 34 of the Indian Penal Code.
3] The learned counsel for the applicants submits that the applicants have deposited the amount of Rs.16,00,000/- on 22.08.2024 and Rs.17,00,000/- 25.11.2024 in this Court. He has no objections if the amount is given to the informant. The learned counsel for the applicant submits that this Court, by order dated 15th July, 2024, has granted interim protection in favour of the applicants and they have attended the concerned police station and have cooperated with the investigation.
4] The learned counsel for the parties submits that the parties have compromised the matter and applied for quashing of the FIR.
5] Criminal Application No.4918 of 2024 is filed by the informant, seeking withdrawal of the amount deposited in this Court. The applicants–accused in Anticipatory Bail Application No. 880 of 2024 have no objection for allowing the application, in view of the compromise between the parties. Thus, the informant is permitted to withdraw the amount deposited by the applicants in ABA No.880 of 2024. Criminal Application No.4918 of 2024 is disposed of accordingly.
6] Considering that in pursuance of the interim protection granted by this Court, the applicants have attended the concerned police station and have cooperated with the investigation. In view of the same, the interim protection granted by order dated 15th July, 2024 stands confirmed, on the following conditions :
i] The applicants shall attend the concerned police station as and when called by the investigating officer.
ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.
iii] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.
7] In the event, the applicants violates any of the conditions specified in this order, it shall be liable to be cancelled.
8] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.
9] The application stands disposed of.
The court confirmed interim protection for applicants in an anticipatory bail application, emphasizing cooperation with the investigation and setting conditions for bail.
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Compliance with the order to join the investigation and cooperate with the police authorities can influence the grant of anticipatory bail.
The court's decision was influenced by the compliance of the petitioner with the court's order and the admission by the state counsel that the petitioner is no longer required for further investigati....
It would be open for the investigating agency to apply to the competent Magistrate, for police remand of the applicant. The applicant shall remain present before the concerned Magistrate on the first....
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