Rajendra Tanaji Sonawane v. State Of Maharashtra
by SWAROOP SHARAD PHADKE Date: 2023.09.02 14:08:18 +0530 SWAROOP SHARAD PHADKE 17 aba 1543 of 2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1543 OF 2023 Rajendra Tanaji Sonawane ...
Applicant versus State of Maharashtra ...
Respondent Ms. Aarti Dharamsey i/by Ms. Manish Singh, for Applicant. Mr. M.G.Patil, APP for State.
CORAM:
N.J.JAMADAR, J.
DATE :
1 SEPTEMBER 2023 P.C.
1.
Heard the learned Counsel for the parties.
2.
When the application was listed before the Court on 26 May 2023, this Court was persuaded to grant interim protection and inter alia observed as under : "3.The allegations against the applicant is that when Talathi had approached the site for restraining the activity of excavation and transportation of stones, a Tractor and JCB vehicle was seized by conducting spot panchanama. It is alleged that the applicant and his brother created obstruction in performance of duty and took away the JCB machine from the spot.
4.
The learned Counsel appearing for the applicant would submit that the applicant has already surrendered the JCB Vehicle. 5.
Considering the nature of allegations and also the fact that the JCB vehicle is already surrendered, custodial interrogation of the applicant at this stage may not be necessary. The applicant, therefore, deserves to be granted interim protection....."
SSP 1/2
17 aba 1543 of 2023.doc 3.
Having regard to the nature of the accusation, the custodial interrogation of the applicant is wholly unwarranted. I am, therefore, persuaded to make the order of interim bail absolute.
4.
The order dated 26 May 2023 is made absolute on the same terms and conditions.
5.
In addition, the applicant shall not indulge in the activity in which he was found to have indulged in the instant case.
6.
The applicant shall regularly attend the proceedings before the jurisdictional court.
7.
The application stands disposed.
( N.J.JAMADAR, J. ) SSP 2/2