Ashok Shivajirao Chavan v. The State Of Maharashtra And Another

2025:BHC-AUG:6751

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 ANTICIPATORY BAIL APPLICATION NO. 254 OF 2025 ASHOK SHIVAJIRAO CHAVAN

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Prashant Madhav Nagargoje APP for Respondent/State: Mr. S. P. Sonpawale ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 07.03.2025 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.08/2016, dated 10.01.2016, registered at Ajanta Police Station, Aurangabad, District Aurangabad, for the offences punishable under Sections 420, 409, 468, 471 and 120-B of the Indian Penal Code and Sections 13(1)(d), 13(2) of the Prevention of Corruption Act.

3] This court by order dated 14.02.2025 noticing submissions of the applicant at para 3, which is reproduced below and granted interim protection to the applicant:

"3. Learned counsel for Applicant submits that coaccused has been granted anticipatory bail on the ground that the incident in question is of the year 2011 and the First Information Report came to be lodged in the year 2016."

4] The learned counsel for the applicant submits that after the passing of the interim order the applicant has cooperated with the investigation. The learned counsel further submits that the co-accused has already been granted anticipatory bail by order dated 23.10.2024 in ABA/1828/2024. He submits that the co-accused is Executive Engineer, whereas the applicant is the Contractor. The role of the applicant cannot be separated from the coaccused. So also, he submits that the incident is of the year 2011 and the FIR is filed in the year 2016 and the entire evidence if at all required would be in documentary nature. He submits that the interim protection may be confirmed. 5] In view of the above, the interim protection granted by order dated 14.02.2015 stands confirmed, on the following terms:

i] The applicant shall attend the 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 marathe