Kundan Chandrakant Raut vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

Kundan Chandrakant Raut vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application No.3179 of 2024 allowed in terms of prayer clause (a) and disposed of; Applicants directed to furnish bank account details to the Investigating Officer within one week; Investigating Officer may call the Applicants to respond to recorded witness statements; ad-interim protection against coercive steps continued till next hearing; Superintendent of Police, Kolhapur to grant adequate protection to the Informant and witnesses; Anticipatory Bail Application listed 'For Urgent Circulation' on 17 March 2025 (main ABA not finally decided).

Issue for consideration

Whether Interim Application No.3179 of 2024 (Kundan Chandrakant Raut) should be allowed in terms of prayer clause (a). +2 more

Court's answer

Interim Application No.3179 of 2024 is allowed in terms of prayer clause (a) and is disposed of accordingly.

Ratio / Principle

Within one week, the Applicants are to furnish to the Investigating Officer the bank account details of Applicant No.1 and his wife, and, if involved in business, of such business; Applicant No.2, who is a cashier, is to submit her bank statement; Applicant No.1 may also furnish a bank statement duly certified by a Chartered Accountant or auditor.

Key takeaways

Where the Investigating Officer has recorded the statements of witnesses, the Investigating Officer may call the Applicant to provide his response to those statements.ratio¶21
The ad-interim protection granted earlier to the Applicants shall continue till the next date of hearing (the matter is listed for 17 March 2025).ratio¶28
In the meanwhile, the Superintendent of Police, Kolhapur, is directed to grant adequate protection to the Informant as well as to the witnesses.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Criminal Appellate Jurisdiction), Rajesh S. Patil, J., 17 February 2025 - Anticipatory Bail Application No. 2124 of 2024 (Sanjay Ram Sailkar and another v. State of Maharashtra), with Interim Application No.3179 of 2024 (Kundan Chandrakant Raut): Interim application allowed in terms of prayer clause (a) and disposed of. Applicants directed to furnish, within one week, bank account details of Applicant No.1, his wife and any business conducted by them, and Applicant No.2 (a cashier) her bank statement, to the Investigating Officer; Investigating Officer may call the Applicant to respond to statements made by witnesses (98 witnesses indicated, some statements already recorded, including that of one Punit Singh dated 6 July 2024); ad-interim protection from coercive steps (first granted by order dated 31 July 2024 and periodically extended) continued till next hearing; Superintendent of Police, Kolhapur directed to grant adequate protection to the Informant and the witnesses; matter stood over to 17 March 2025 under the caption 'For Urgent Circulation'. No statutory provisions or precedent judgments were cited.

6-ABA-2124-2024 (CR) .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. NO. 2124 OF 2024

Sanjay Ram Sailkar And Anr. ...Applicants Versus State Of Maharashtra ...Respondent WITH INTERIM APPLICATION NO.3179 OF 2024 Kundan Chandrakant Raut ...Applicant Versus State Of Maharashtra ...Respondent ____________________________________

Mr. Madhukar P. Dalvi, Advocate for the Applicants.

Mr. Amit A. Palkar, APP for the State.

Mr. Ashwin Kpadnis, Advocate for Respondent No.2

CORAM : RAJESH S. PATIL, J.

DATED : 17 FEBRUARY 2025

P.C.:

Heard.

The learned Advocate for the Applicant in Anticipatory Bail Application has no objections if the Interim Application is allowed.

For the reasons mentioned in this Application, the same is allowed in terms of prayer clause (a).

1

Amol D. Nawale

6-ABA-2124-2024 (CR) .doc

The Interim Application is disposed of accordingly.

ANTICIPATORY BAIL APPLICATION NO. NO. 2124 OF 2024

The learned APP submits that the witnesses statement dated 6 July 2024 of one Punit Singh has been recorded by them. He submits that there are 98 witnesses, some of the witnesses statements have already been recorded. Additionally, he submits that the Applicants have cooperated as of today and they have voluntarily attended the police station as and when called.

The Applicants are hereby directed to furnish the bank accounts of Applicant No.1 and his wife. If the Applicant and his wife are involved in business, they should also provide the bank account details of such business to the Investigating Officer within a period of one week from today. Additionally, Applicant No.2, who is a cashier, should submit her bank statement, Applicant No.1 can also furnish a bank statement duly certified by a Chartered Accountant or auditor.

So also, if the Investigating Officer has recorded the statements of the witnesses, the Investigating Officer may call the Applicant to provide his response to the statements made by the witnesses.

2

Amol D. Nawale

6-ABA-2124-2024 (CR) .doc

This Court, by its order dated 31 July 2024, granted protection to the Applicant by directing that no coercive steps will be taken against the Applicant till the next date of the hearing. The said interim protection granted to the Applicant has been periodically extended by this Court.

Stand over to 17 March 2025 under the caption “ For Urgent Circulation ”.

In the meanwhile, the Superintendent of Police, Kolhapur, is hereby directed to grant adequate protection to the Informant as well as to the witnesses.

Ad-interim protection granted earlier to continue till the next date of the hearing.

(RAJESH S. PATIL, J.)

3

Amol D. Nawale