Pankaj Prakashchand Lodha v. The State Of Maharashtra
2025:BHC-AUG:2272 `IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 933 ANTICIPATORY BAIL APPLN. NO. 74 OF 2025 PANKAJ PRAKASHCHAND LODHA
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr.A.D.Ostwal h/f. Mr.R.B.Dhilpe APP for Respondent-State : Mr.B.B.Bhise ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 28.01.2025 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. 408/2024, registered at Pahur Police Station, Taluka Jamner, District Jalgaon, for the offences punishable under Sections 106 (1), 125 (a), 125 (b), 324 (4), 324 (5) of BNS, 2023 and Section 184 of Motor Vehicle Act, 1988.
3] The learned counsel for the applicant submits that this Court, by order dated 21.01.2025, has granted interim protection in favour of the applicant for the reasons stated in the said order, particularly in para no.4 therein.
He submits that in terms of the said order, the applicant has attended the concerned police station and has co-operated with the investigation.
4] The learned APP has not disputed the fact as regards co-operation of the applicant. The learned APP submits that the interim protection granted earlier may not be confirmed as there is statement of injured in the matter. 5] Considering that the offence against the applicant is registered under Section 106 (1) of BNS and the said offence is punishable up to five years and Section 105 of BNS has been added during the course of investigation. Since the applicant is not directly involved in the accident, he has spread plentiful maize on the road to dry it and the motor bike of the nephew of the informant slipped over the said maize and came under TATA-407 Tempo, resulting into death of two persons and one sustained grievous injury. In view of the same, interim protection granted by this Court by order dated 21.01.2025 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.
[ARUN R. PEDNEKER] JUDGE DDC