Gajanan Gangadharrao Surwanshi And Another v. The State Of Maharashtra

2025:BHC-AUG:6280

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 ANTICIPATORY BAIL APPLN NO. 250 OF 2025 1] GAJANAN GANGADHARRAO SURWANSHI 2] KIRAN GANGADHARRAO SURWANSHI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr.V.A.Bagdiya APP for Respondent-State : Mr.Ruchir S. Wani ...

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.769/2024 registered with Akhada Balapur Police Station, District Hingoli, for the offence punishable under Sections 118 (2), 126 (2), 115 (2), 352, 351 (2), 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 nos. 3 and 5, as noted below :

3] It appears that on account of political rivalry there was fight between 2 groups and both the parties have sustained injury and cross-FIRs are lodged. The FIR is registered at the instance of the present applicants bearing Crime No.752/2024.

5] The learned counsel for the applicants submits that in the ensuing fight the applicants have also sustained injuries and the informant has also sustained injury on his left hand thumb, which is a fracture. At this moment, it is not possible for me to ascertain the aggressor.

4] The learned counsel for the applicants submits that the applicants have attended the concerned police station and have co-operated with the investigation. 5] Considering this aspect, so also, considering that there is Cross-FIR, it is not possible to ascertain the aggressor, so also, the informant has sustained fracture injury on thumb, which is simple in nature and considering overall aspect of the matter, 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 violate 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