Bombay High Court
Vijay Sitaram Kate vs The State Of Maharashtra And Anr on 20 September, 2022
Bench: A.S. Gadkari, Milind N. Jadhav
10. cri apeal 901-22.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 901 OF 2022
Vijay Sitaram Kate .. Appellant
Vs.
The State of Maharashtra & Anr. .. Respondents
Mr. Aniket Vagal for Appellant
Mr. S.S. Hulke, APP for State
Mr. Sujit Jagannath Sonawane, PSI, Khed Police Station, Ratnagiri is
present.
CORAM : A.S. GADKARI &
MILIND N. JADHAV, JJ.
DATE : 20th SEPTEMBER 2022.
P.C.:
. Issue notice to Respondent No. 2 returnable on 18.10.2022.
2. Mr. Vagal, learned Advocate for Appellant submitted that, the last alleged incident stated by the prosecutrix in her F.I.R. is dated 08.09.2021, however present crime is registered on 07.05.2022 i.e. approximately with a delay of eight months. He further submitted that, the wife of Appellant had lodged a Crime bearing No. 33/2022 dated 07.05.2022 against the husband of the first informant herein under Sections 509 and 507 of the IPC and thereafter, the present crime is registered on the same day by the informant herein.
3. Perusal of the F.I.R. indicates that, it is the allegation against Appellant that, Appellant has committed the act as contemplated under Section 376 of IPC and on the basis of the video clippings of such act, he used to blackmail the victim i.e. informant herein. 1/2
10. cri apeal 901-22.doc
4. In view thereof, while granting interim relief, we hereby direct the Appellant to attend the Investigating Officer and to join the process of investigation.
5. Hence, the following Order:-
(i) In the event of arrest, Appellant be released on bail on his furnishing P.R. bond of Rs. 50,000/- with one or more solvent local sureties in the like amount;
(ii) Appellant shall attend the Investigating Officer of present crime on 23.09.2022, 24.09.2022, 25.09.2022 and 26.09.2022 between 11:00 a.m. and 02:00 p.m. and join the process of investigation.
6. Stand over to 18th October 2022.
[ MILIND N. JADHAV, J. ] [ A.S. GADKARI, J.] Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date:
2022.09.21 17:51:46 +0530 2/2