Ashok Eknath Pawar And Others v. The State Of Maharashtra
2025:BHC-AUG:5267
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 950 ANTICIPATORY BAIL APPLICATION NO. 165 OF 2025 1.
Ashok s/o Eknath Pawar, 2.
Vikas s/o Dilip Pawar, 3.
Shubham s/o Ravsaheb Pawar (Dismissed as withdrawn vide order dated 07/02/2025)
VERSUS
The State Of Maharashtra ...
Advocate for Applicant : Mr. Chormal Ajit B.
APP for Respondents-State: Ms. N. B. Kamble ...
CORAM : ARUN R. PEDNEKER, J.
Dated : February 25, 2025.
PER COURT :- 1.
Heard learned counsel for the applicants No.1 and 2 and the learned APP for the respondent-State.
2.
The applicants No.1 and 2 are apprehending arrest in connection with FIR No.0404/2024, dated 03/09/2024, registered at Rahata Police Station, Taluka Rahata, District Ahmednagar, for the offences punishable under sections 115(2), 118(1), 189(2), 190, 191(2), 191(3), 351(2), 351(3), 352 of the Bharatiya Nyaya Sanhita.
3.
This Court, by order dated 07/02/2025, granted interim protection to applicants No. 1 and 2 for the reasons and submissions recorded in paragraphs No. 3 and 4, as under : - "3] The learned counsel for the applicants, on instructions, seeks leave to withdraw the application qua applicant no.3 - SHUBHAM RAVSAHEB PAWAR. The application is dismissed as withdrawn qua 1 of
950 ABA 165-2025 applicant no.3 - SHUBHAM RAVSAHEB PAWAR.
4] Perused the FIR, so also, the injury certificate. It is stated that the applicants have assaulted the son of the informant. It is alleged that applicants no.1 and 2 by means of wooden stick and applicant no.3 by means of iron rod have assaulted the informant. Corresponding grievous injury is at the instance of one of the accused i.e. applicant no.3, who was having iron rod. As regards the present applicants no.1 and 2 are concerned there are no corresponding grievous injuries."
4.
The learned Counsel for the applicants No.1 and 2 submits that, in pursuance of the interim order granted to the applicants No.1 and 2, they have attended the police station and cooperated with the investigation. The learned APP submits that applicants No. 1 and 2 have attended the police station but have not cooperated with the investigation. Considering that the grievous injuries are attributed to applicant No. 3, whose application has already been dismissed as withdrawn, the interim protection granted to applicants No. 1 and 2 is confirmed.
5.
In view of the above, the application is allowed in the following terms : - i] In the event the applicants No.1 and 2 are arrested in connection with FIR No.0404/2024, dated 03/09/2024, registered at Rahata Police Station, Taluka Rahata, District Ahmednagar, for the offences punishable under sections 115(2), 118(1), 189(2), 190, 191(2), 191(3), 351(2), 351(3), 352 of the Bharatiya Nyaya 2 of
950 ABA 165-2025 Sanhita., they shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.
ii] The applicants No.1 and 2 shall attend the police station as and when called by the police.
iii] The applicants No.1 and 2 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.
iv] The applicants No.1 and 2 shall co-operate with the investigation and also in the proceedings before the trial Court. 6.
In the event, the applicants No.1 and 2 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, J. ) vj gawade/-.
3 of