← Library
Bombay High CourtABA/50/2025disposed off

Bhimraj Suresh Mahale v. The State Of Maharashtra And Another

2025-03-10Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:7085

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 32 ANTICIPATORY BAIL APPLN. NO. 50 OF 2025 BHIMRAJ SURESH MAHALE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr.Nitin Bhavar Patil LLP Advocate & Legal Consultancy APP for Respondent-State : Mr.S.P.Sonpawale ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 10.03.2025 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with FIR No. 247/2024, registered with Shanishinganapur Police Station, District Ahmednagar, for the offence punishable under Sections 109, 132, 121 (1), 121 (2), 189 (2), 189 (4), 189 (3), 191 (2), 191 (3), 190, 189 (5), 195 (1), 352, 351 (2), 351 (3) and 223 of the Bhartiya Nyaya Sanhita, 2023, under Section 135 of the Maharashtra Police Act, under Sections 4, 25 and 7 of the Arms Act and under Section 7 of Criminal Law [Amendment] Act.

3] This Court, by order dated 13.01.2025, has granted interim protection in favour of the applicant. 4] The learned counsel for the applicant submits that in terms of the aforesaid order, the applicant has attended the concerned police station and has co-operated with the investigation. The case against the applicant is that the applicant has instigated the other co-accused. He further submits that this Court, by order dated 09.01.2025, has granted anticipatory bail in favour of similarly situated coaccused in ABA Nos. 2131/2024 and 2132/2024 in Crime No.247/2024, dated 21.10.2024, registered at Shanishinagnapur Police Station, District Ahmednagar. 5] Considering the role of the applicant and considering that the case is identical to the above said applicants in ABA Nos. 2131/2024 and 2132/2024, the interim protection granted by order dated 13.01.2025 stands confirmed, in the following terms :

i] The applicant shall attend the concerned police station as and when required by the investigating officer.

ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall

not influence the informant, witnesses and other persons concerned with the case.

iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

5] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

6] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

7] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE DDC