Mohammad Dastagir S/O Mohammood Yaqub Shaikh And Another v. The State Of Maharashtra

2025:BHC-AUG:6213

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 ANTICIPATORY BAIL APPLN. NO. 143 OF 2025 1] MOHAMMAD DASTAGIR S/O MOHAMMOOD YAQUB SHAIKH 2] SHAIKH ABDUL RASHEED SHAIKH ABDUL RAUF

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr.G.R.Syed APP for Respondent-State : Mr.S.K.Shirse ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 04.03.2025 P.C. :

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

2] The applicants are apprehending arrest in connection with Crime No. 245/2024, registered with Jinsi Police Station, Aurangabad, Taluka and District Aurangabad, for the offence punishable under sections 118 (1), 118 (2), 352 and 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

3] This Court, by order dated 21.02.2025, has granted interim protection in favour of the applicants for the submissions stated in para no.3, as noted below :

3] The learned counsel for the applicants submits that initially the FIR is registered under Section 118 (1) and subsequently Section 118 (2) was added and earlier the Sessions Court has granted regular bail in favour of the applicants. The parties have settled the matter.

4] The learned counsel for the applicants submits that the informant has filed affidavit before the Sessions Court for compromise of the matter. He further submits that the applicants have attended the concerned police station and have co-operated with the investigation.

5] Considering above aspect, the interim protection granted by order dated 21.02.2025 stands confirmed, in the following terms :

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

ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

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

6] In the event, the applicants 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