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Bombay High CourtABA/255/2024application allowed

Ansar Saleem Shaikh And Others v. The State Of Maharashtra And Another

2025-03-25Hon'Ble Shri Justice Arun R. Pedneker2 pages

2025:BHC-AUG:8931 ABA 255/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 955 ANTICIPATORY BAIL APPLICATION NO. 255 OF 2024 ANSAR SALEEM SHAIKH AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Shekade Shashikant E APP for Respondents 1 & 2 : Mr. S.P. Sonpawale ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

25/03/2025 PER COURT :

1.

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

2.

The applicants are apprehending arrest in connection with Crime No. 19/2024 dated 26.1.2024 registered with Beed (City) Police Station, District Beed for the offences punishable under sections 364-A, 143, 323, 504, 506 of IPC.

3.

This Court by order dated 23.4.2024 has granted interim protection to the applicants and directed the applicants to cooperate with the investigation. The learned APP submitted that the applicants had not submitted mobile and sim card. Thereafter, matter was again adjourned on various occasions. The applicants in the interregnum has submitted the mobile and sim card. Thereafter, from time to time, interim protection was continued till today.

4.

The case against the applicants is that they had kidnapped brother of Archana Kute namely Shivaji Baburao Gharat. It is stated that he was taken from one hotel to some other place and thereafter, the applicants threatened him and released him on the next day.

ABA 255/24 5.

The learned counsel for the applicants submits that applicants and others are investors of Dyanradha Multi-State Cooperative Credit Society Limited Beed which was owned and controlled by Kute family and and large number of the investors are duped.

6.

Considering the submissions above, it can be said that the applicants wanted their money back and the applicants had merely questioned the brother of Archana Kute about their money. Considering the above aspect of the matter and considering that there are no injuries found on the person of Shivaji Gharat, and considering that investigation is almost completed, the interim protection granted on 23.2.2024 can be confirmed. 7.

In view of the above, the application is allowed and the interim protection granted on 23.2.2024 is confirmed on the following terms : i] 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. ii] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.

8.

In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled. 9.

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 not be influenced by the observations made hereinabove. 10.

The application stands disposed of.

[ARUN R. PEDNEKER, J.] SSC/