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Bombay High CourtABA/1434/2023disposed off

Arun Pandharinath Thorat (Dismissed As Withdrawn As Per Order Dt.17.05.2023) And ORS v. State Of Maharashtra And ANR

2023-11-29Hon'Ble Shri Justice N. J. Jamadar2 pages

26-ABA1434-2023.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1434 OF 2023 SANTOSH SUBHASH KULKARNI Arun Pandharinath Thorat and ors.

...Applicants

Versus

State of Maharashtra and anr.

...Respondents

SANTOSH SUBHASH KULKARNI Date: 2023.12.01 10:44:23 +0530 Mr. S. T. Pandey, a/w Arvind Singh, Anima Mishra, Ritu Singh, Anuj Singh, Kajal Upadhyay, Nagesh, i/b SBG Law Advocates, for the Applicants.

Smt. Ashwini Takalkar, APP for the State/Respondent. PSI Sukdeo Davan, Nashik Taluka Police Station,

CORAM:

N. J. JAMADAR, J.

DATED:

29th NOVEMBER, 2023 ORDER:- 1.

Heard the learned Counsel for the applicants and the learned APP for the State.

2.

This is an application for pre-arrest bail in connection with CR No.138 of 2023, registered with Nashik Taluka Police Station, for the offences punishable under Sections 326, 323, 143, 147, 148, 149, 504 and 506 of Indian Penal Code, 1860 ("the Penal Code") and Sections 37(1)(c) and 135 of the Maharashtra Police Act, 1951.

3.

Initially, the application was preferred for accused No.1 Arun Thorat as well. When the application was listed before the Court on 17th May, 2023, the application of applicant No.1 1/2

26-ABA1434-2023.DOC Arun Thorat was not pressed and thereupon this Court was persuaded to grant interim bail to applicant No.2 Sunil Thorat and applicant No.3 Kailas Thorat after ascribing reasons.

4.

The learned Counsel for the applicants submits that accused No.1 Arun Thorat was arrested and has since been released on bail. The Court is informed that the applicants have appeared before the Investigating Officer and cooperated with the investigation. 5.

The grievous hurt is prima facie attributable to the assault allegedly perpetrated by accused No.1 Arun Thorat. 6.

In the aforesaid view of the matter especially having regard to the role attributed to the applicants, I am impelled to make the order of interim bail absolute.

7.

Hence the following order:

: O R D E R :

(i) Order of interim bail dated 17th May, 2023 is made absolute on the terms and conditions incorporated therein. (ii) In addition, the applicants shall regularly attend the proceedings before the jurisdictional Court.

Application stands disposed.

[N. J. JAMADAR, J.] 2/2