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Bombay High CourtABA/500/2025application allowed

Ashok Lahuji Sadavarte And Others v. The State Of Maharashtra

2025-04-16Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:10972

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 947 ANTICIPATORY BAIL APPLICATION NO. 500 OF 2025

1. Ashok Lahuji Sadavarte, (Dismissed as withdrawn)

2. Vitthal Ramaji Wakle, (Dismissed as withdrawn)

3. Bandu Nana Bhutkar, (Dismissed as withdrawn)

4. Pradip shok Sadvarte,

5. Sandip Ashok Sadvarte,

6. Pritam Shivaji Wakle,

7. Karan Bandu Bhutkar.

VERSUS

The State Of Maharashtra ...

Advocate for Applicants No.4 to 7 : Mr. Deshmukh Arvind S. APP for Respondents-State : Mr. R. S. Wani ...

CORAM : ARUN R. PEDNEKER, J.

Dated : April 16, 2025.

PER COURT :- 1.

Heard learned counsel for the applicants No.4 to 7 and the learned APP for the respondent-State.

2.

The applicants No.4 to 7 are apprehending arrest in connection with FIR No.06/2025, registered at Bamni Police Station, District Parbhani, for the offences punishable under sections 109, 118(2)(1), 296, 115(2), 189(2), 190, 191(2)(3), 352, 351(3) of Bharatiya Nyaya Sanhita. 3.

This Court, by order dated 27/03/2025, granted interim protection to Applicants No.4 to 7, considering the submissions recorded in paragraph No.5, which read as under : - "5] There was fight between two groups and all family members are implicated in the alleged crime, the possibility of over-implication cannot ruled out. Considering the same, the applicant Nos.4 to 7 are granted interim protection....."

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947 ABA 500-2025 4.

Accused Nos. 1, 2, and 3 had withdrawn their application, and the same was dismissed. Considering the possibility of over-implication of the applicants, who are family members, interim protection was granted. It was also directed that the applicants shall remain present as and when called by the Investigating Officer. However, the applicants submit that they were not called by the Investigating Officer. The learned Counsel for the applicants now submits that they will appear before the Investigating Officer on 21/04/2025 between 10:30 a.m. and 01:30 p.m. 5.

In view of the above, the application is allowed in the following terms: - i] In the event the applicants No.4 to 7 are arrested in connection with FIR No.06/2025, registered at Bamni Police Station, District Parbhani, for the offences punishable under sections 109, 118(2)(1), 296, 115(2), 189(2), 190, 191(2)(3), 352, 351(3) of Bharatiya Nyaya Sanhita, they 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 applicants No.4 to 7 shall attend the police station on 21/04/2025 between 10.30 a.m. to 01.30 p.m. and also attend the police station as and when called by the police. iii] The applicants No.4 to 7 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. 2 of

947 ABA 500-2025 iv] The applicants No.4 to 7 shall co-operate with the investigation and also in the proceedings before the trial Court. 6.

In the event, the applicants No.4 to 7 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, J. ) vj gawade/-.

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