Hamid Ayyubkha Pathan v. The State Of Maharashtra

2025:BHC-AUG:6504

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 ANTICIPATORY BAIL APPLICATION NO. 273 OF 2025 HAMID AYYUBKHA PATHAN

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Siddiqui Sohel E APP for Respondent/State: Mr. B. B. Bhise ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 05.03.2025 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.0008/2025, dated 16.01.2025, registered at Sillod (Rural) Police Station, Taluka Sillod, District Aurangabad, for the offences punishable under Sections 281, 324 (4), 304, 352, 351(2), 3(5) of the B.N.S. 3] This court by order dated 25.02.2025 granted interim protection to the applicant noting submissions and reasons at paras 3, 4 and 5, as under:

"3] The case of the complainant is that he was travelling on the motorcycle and the tractor was deliberately hit to the motorcycle, as such, the complainant felled down. Thereafter, there was some

altercations between the complainant and the applicant. In that, the applicant had snatched Rs.50,000/- from the pant's pocket of the complainant.

4] The learned counsel for the applicant submits that an amount of Rs.50,000/- snatched from the pocket of the informant is an exaggeration and the allegation is made only to invoke the abovementioned sections of IPC. The learned counsel further submits that the applicant to prove his bonafide would deposit Rs.50,000/- before this court.

5] Prima faice, this court considers this to be a case of an accident resulting into altercation and, thereafter, it is stated that the applicant along with other co-accused had snatched money from the pant's pocket of the complainant."

4] The learned counsel for the applicant submits that the applicant has deposited Rs.50,000/- before this court to show bonafides of the applicant. He also submits that the applicant has attended the concerned police station and cooperated with the investigation. He further submits that no further custodial interrogation of the applicant is necessary.

5] The learned APP points out that there are two antecedents against the present applicant. However, considering that this is prima facie case of an accident, so also, considering all the aspects as discussed above, the interim protection granted earlier by this court can be confirmed.

6] In view of the above, the interim protection granted by order dated 25.02.2025 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.

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 amount of Rs.50,000/- deposited before this court shall be transferred to the trial court. 10] The trial court shall keep the amount in Fixed Deposit of any nationalized bank and pass appropriate orders at the time of conclusion of the trial. 11] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe