Amritpalsingh Nirvelsingh Sidhu v. The State Of Maharashtra
2025:BHC-AUG:9251
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 940 ANTICIPATORY BAIL APPLICATION NO. 349 OF 2025 Amritpalsingh Nirvelsingh Sidhu
VERSUS
The State Of Maharashtra ...
Advocate for Applicant : Mr. Shaikh Wajeed Ahmed APP for Respondents-State: Mr. B. B. Bhise ...
CORAM : ARUN R. PEDNEKER, J.
Dated : March 28, 2025.
PER COURT :- 1.
Heard learned counsel for the applicant and the learned APP for the respondent-State.
2.
The applicant is apprehending arrest in connection with FIR No.18/2025, dated 05/01/2025, registered at Nanded Rural Police Station, District Nanded, for the offences punishable under sections 381(2), 336, 339, 340 of Bharatiya Nyaya Sanhita.
3.
This Court, by order dated 18/03/2025, granted interim protection to the applicant, noting the submissions in paragraphs No. 3, 4, 5, and 6 as under : - "3] The case against the applicant is that the applicant and coaccused were purchasing the stolen trucks and they used to affix fabricated number plate to the truck. It is alleged that the accused persons separated the parts of vehicle and sold those parts in the market and thereafter the police saw 14 tyres vehicle i.e. Ashok Leyland truck bearing Registration No. CG23K7790 was parked but the real number was hidden. The informant effected the raid on the spot and inspected the truck and found fabricated number plate affixed to the truck. The accused persons cheated the government. On the basis of said allegation, the FIR is registered against the present applicant and co-accused.
1 of
940 ABA 349-2025 4] The learned counsel for the applicant submits that the applicant was made an accused merely on the suspicion and only on the basis of the statement of co- accused. He further submits that there is no antecedents against the present applicant. He further submits that the applicant is not involved in the alleged crime. He further submits that the co-accused had brought the stolen truck and the applicant has no knowledge about the stolen truck, which was parked near his business shop.
5] Per contra, the learned APP points out that the police has already received the information that the applicant is involved in the alleged crime and has fabricated the number plates of the vehicle, which is based on the statement of co- accused and secret information. The truck was found at the place where the business of the applicant is running.
6] Considering that there is no antecedent against the applicant, so also, the applicant was made an accused only on the basis of statement of co-accused, the possibility of the accused being roped in cannot be ruled out. The custodial interrogation of the applicant is not necessary in the matter. Considering this aspect of the matter, the applicant is granted interim protection in the following terms...."
4.
The learned APP submits that while attending the police station, the applicant admitted guilt. However, such a statement, being made before the police, cannot be relied upon.
5.
Considering that the investigation in the matter is already complete, the interim protection granted to the applicant is confirmed. 6.
In view of the above, the application is allowed in the following 2 of
940 ABA 349-2025 terms: - i] In the event the applicant is arrested in connection with FIR No.18/2025, dated 05/01/2025, registered at Nanded Rural Police Station, District Nanded, for the offences punishable under sections 381(2), 336, 339, 340 of Bharatiya Nyaya Sanhita, he 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 applicant shall attend the police station as and when called by the police.
iii] 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. The applicant shall not involve in similar type of offence and shall cooperate with the investigation.
iv] 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 application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
3 of