Ganesh Machhindra Ghalme And Others v. The Superintendent Of Police And Another

2024:BHC-AUG:5786 {1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1 OF 2024 Ganesh Machhindra Ghalme And Others ....Applicants

VERSUS

The Superintendent Of Police And Another .....Respondents .....

Mr. G.L. Deshpande, Advocate for applicants.

Mr. A.R. Kale, APP for respondents.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 15 th MARCH, 2024 ORDER :

1.

Applicants apprehend arrest in C.R. No. 367 of 2023, registered with Mirajgaon Police Station, Dist. Ahmednagar, for offences punishable under sections 327, 324, 323, 504, 506, 143, 147, 148, 149 of the Indian Penal Code.

2.

FIR is lodged by Wasim Nisar Shaikh alleging that he is resident of village Ramjan Chincholi, Taluka- Karjat, Dist. Ahmednagar and he owns Tata Ace Tempo. On 07.12.2023, he was going to Ramjan Chincholi for transport business, but the trip was cancelled. Therefore, he took turn from Chincholi phata and went towards Karjat. At about 3.00 pm, when he was going from front of hotel at Chincholi, one Swift car came in speed and

{2} persons therein parked the same to corner of road. All accused persons came out of car. They took informant out of tempo. Accused Ganesh and Dipak have beaten informant on back with belt and snatched amount of Rs. 17,500/- from drawer of tempo. At that time, three unknown persons who came on CBZ motorcycle and accused Ganesh and Dipak took informant behind tempo and assaulted him with fists and kick blows. They also threatened to kill him.

3.

Heard learned advocate for applicants and learned APP for State. Perused the investigation papers. 4.

Though, allegations of taking away Rs. 17,500/- are levelled in the FIR, no specific role is attributed to either of applicants. General allegations are levelled against them. No similar offences are registered against applicants in the past. 5.

Applicants were granted interim protection and they have co-operated in the investigation. Crime is registered on 07.12.2023 and investigation to the extent of applicants appears to be almost complete. Applicants No. 1 to 6 are permanent resident of village Shinde, Taluka- Karjat and applicants No. 7 and 8 are permanent residents of village Ramjan Chincholi,

{3} Taluka- Karjat and have deep roots in the society and they are not likely to abscond if released on bail.

6.

In the result, application is allowed by confirming interim protection order dated 11th January, 2024. 7.

Till filing of charge sheet, applicants shall attend the concerned police station on every Saturday and Sunday, between 10.00 am to 12.00 noon and shall co-operate in the investigation. Applicants shall not tamper the prosecution evidence.

[NITIN B. SURYAWANSHI, J.]