Babu Somaji Gavali v. The State Of Maharashtra And Another
2025:BHC-AUG:2805
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 958 ANTICIPATORY BAIL APPLN NO. 72 OF 2025 BABU SOMAJI GAVALI
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr.S.S.Birajdar h/f. Mr.S.K.Chavan APP for Respondent-State : Mr.A.A.A.Khan ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 31.01.2025 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 Crime No. 86/2024, registered with Parli City Police Station, Parli [Vaijanath] for the offence punishable under Sections 420, 406, 468 and 471 r/w. 34 of the Indian Penal Code.
3] This Court, by order dated 24.01.2025, has granted interim protection in favour of the applicant, by noting the facts and reasons mentioned in para nos. 3 and 4 as noted below :
3.
The learned counsel for the applicant suo-moto, on instructions, submits that the applicant would deposit the consideration
amount in this Court. The learned counsel submits that prima-facie no case is made out against the applicant as the property is his ancestral property sought to be transferred to one of the owners and thereby the applicant has relinquished his right.
4.
Considering that the applicant is ready to deposit the consideration amount in this court to show his bonafide, I deem it appropriate to grant interim protection to the applicant.
4] The learned counsel for the applicant submits that in terms of the order dated 24.01.2025, the applicant has attended the concerned police station and has cooperated with the investigation. He further submits that the applicant has deposited an amount of Rs.2,04,000/- in this Court.
5] Considering the same, the interim protection granted by order dated 24.01.2025 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.
6] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.
7] 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.
8] The application stands disposed of.
9] The amount deposited in this court be transmitted to the trial Court and the trial Court to pass appropriate order on the amount deposited at the end of trial and the said amount be kept in Fixed Deposit in any Nationalized Bank till the disposal of trial. [ARUN R. PEDNEKER] JUDGE DDC