Vitthal Mahadev Biradar v. The State Of Maharashtra

31-aba-2379-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. ANTICIPATORY BAIL APPLICATION NO. 2379 OF 2021 Vitthal Mahadev Biradar ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr. P. A. Pol a/w. Mr. Sharad Suryavanshi and Mr. Ranjit Hatekar i/b. Pol Legal Juris, for the Applicant.

Mr. Y. Y. Dabke, APP for the Respondent / State. MAMTA AMAR KALE by MAMTA AMAR KALE Date:

2022.02.22 18:32:08 +0530 ---- CORAM : C.V. BHADANG, J.

DATE : 22 FEBRUARY 2022 P.C.

.

By a detailed order dated 6 October 2021, this Court had granted interim protection to the Applicant on condition of attendance. It is not disputed that the Applicant has reported to the Investigating Officer and has cooperated in the matter of investigation.

2.

The learned counsel for the Applicant points out that out of six Accused, five were arrested and have been released on regular bail. The Applicant is only Accused who is on interim protection. Mamta Kale page 1 of 2

31-aba-2379-2021.doc 3.

Learned APP, in all fairness, did not dispute that the role of the Applicant is similar to that of the co-accused who are released on bail. It is also transpired during the course of hearing that there is no recovery of any weapon or other articles to be made from the Applicant.

4.

This matter was adjourned in order to enable the learned APP to produce the injury certificate. Today, the injury certificate is produced, which shows that the Complainant was admitted in the hospital from 17 July 2021 to 20 July 2021 and had sustained three injuries, out of which one injury on the head is shown to be grievous while the other two, of which one is on right hand and one on right lumbar region is shown to be simple.

5.

Be that as it may, considering the over all circumstances and the fact that the co-accused who are similarly situated are released on regular bail and the statement made by the learned APP that there is no further recovery to be made, the Criminal Application is disposed of in terms of the order dated 6 October 2021, with a condition that the Applicant shall cooperate with the Investigating Agency as and when required and shall not tamper with the prosecution evidence / witnesses.

C.V. BHADANG, J.

Mamta Kale page 2 of 2