Muktiram Balasaheb Walwate v. The State Of Maharashtra And Another

2025:BHC-AUG:10583

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 963 ANTICIPATORY BAIL APPLICATION NO. 440 OF 2025 MUKTIRAM BALASAHEB WALWATE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Mahesh V. Ghatge APP for Respondent/State: Mr. R. D. Raut ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 08.04.2025 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.519/2024, dated 01.11.2024, registered at New Mondha Police Station, Parbhani, Taluka and District Parbhani, for the offences punishable under Sections 119(1), 140(3), 118(1), 115(2), 189(2), 191(2), 190, 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023.

3] This court by order dated 26.03.2025 granted interim protection to the applicant noticing submissions at paragraphs no.3 and 4, as under:

"3] The case against the applicant is that he has assaulted the informant and others.

The learned APP has produced the injury certificate, which shows that the injuries are simple in nature. The learned counsel for the applicant submits that there are prior enmity between the parties and that possibility of over implication cannot be ruled out.

4] The learned APP submits that in the event this court intends to grant interim protection to the applicant he may be directed to attend the concerned police station and cooperate with the investigation more particularly when that the motorcycle and the mobile is yet to be recovered."

4] The learned counsel for the applicant submits that thereafter the applicant has attended the police station and cooperated with the investigation.

5] Since, no further material adverse against the applicant is produced by the prosecution, the interim granted by order dated 26.03.2025 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.

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