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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 372 OF 2023 (Arising out of SLP(Crl.) No. 2134 of 2022)
NILESH SHYAM NANCHE Appellant(s)
VERSUS
STATE OF MAHARASHTRA & ANR. Respondent(s)
ORDER
Leave granted.
Heard learned counsel for the appellant, the State and the
complainant.
The plea for anticipatory bail of the appellant has been
rejected by the High Court on 22.02.2022 and the said rejection
order is under appeal before us. The allegation against the
appellant, as is revealed from the materials before us, is that he
had spoken about his intention to commit murder of the informant to
another individual and sought to hire the latter for that purpose.
There is no other overt or covert act attributed to the appellant
at this stage.
Learned counsel for the State has apprised us that the
appellant has been cooperating with investigation and attending the
police station on regular basis.
In such circumstances, we do not think custodial interrogation
of the appellant is necessary on the basis of the materials
disclosed before us. We, accordingly, set aside the impugned order.
We also direct that the appellant, if arrested in connection with
the case arising out of FIR No. 07 of 2022, lodged with Tilak Nagar
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Police Station, Mumbai, State of Maharashtra, he shall be released
on bail on such te...