Mahendra Sudam Mahajan v. The State Of Maharashtra And Another

2025:BHC-AUG:7694

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 36 ANTICIPATORY BAIL APPLICATION NO. 154 OF 2025 MAHENDRA SUDAM MAHAJAN

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Sant Tapan Kishor APP for Respondents 1 & 2 : Mr. N.B. Patil ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

17/03/2025 PER COURT :

1.

Heard the learned counsel for the applicant and the learned APP for the respondents-State.

2.

The applicant is apprehending arrest in connection with Crime No. 581/2024 dated 12.12.2024 registered with Amalner Police Station, Taluka Amalner, District Jalgaon for the offences punishable under sections 119(1) and 3(5) of B.N.S. 2023.

3.

The learned APP points out that the applicant has attended the police station, but he has not cooperated with the investigation as Rs.5300/- and gold ring of 15 grams is to be recovered from the applicant. 4.

The learned counsel for the applicant submits that allegation as regards 15 gram gold ring is concerned, it is made against accused No. 2 and not against the present applicant. As far as allegation as regards amount of Rs.5300/- is concerned, the learned counsel submits that the applicant has not taken this amount, but to show bonafide, the applicant would deposit the amount of Rs.5300/- before the I.O. under protest within a period of two weeks from today.

5.

This Court has granted interim protection to the applicant by order

dated 154/2025. Considering the submissions made by the learned counsel for the applicant, the interim protection granted on 18.2.2025 to the applicant can be confirmed by directing the applicant to deposit the said amount before the I.O. under protest. In turn, the I.O. would deposit the said amount in the trial court at the time of filing chargesheet and the Trial Court would decide about the said amount at the end of the trial. 6.

In view of the above, the application is allowed and the interim protection granted on 18.2.2025 is confirmed on the following terms : i] The applicant shall deposit amount of Rs. 5300/- before the I.O. within two week from today and on such deposit of amount, the I.O. shall deposit the said amount in the trial court at the time of filing of the chargesheet and the Trial Court shall decide about the said amount, which would be deposited under protest, at the end of the trial.

Ii] The applicant shall attend the police station as and when required.

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

7.

In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 8.

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.

9.

The application stands disposed of.

[ARUN R. PEDNEKER, J.] SSC/