Santosh Baba Shinde v. Akshay Bhausaheb Khamkar And Another
ABA 396/25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 918 ANTICIPATORY BAIL APPLICATION NO. 396 OF 2025 WITH CRIMINAL APPLICATION NO. 1121 OF 2025 IN ABA/396/2025 AKSHAY BHAUSAHEB KHAMKAR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. Rahul R. Karpe APP for Respondents 1 & 2 : Mrs. Preeti V. Diggikar Advocate for assisting APP : Mr. S.B. Shinde ...
CORAM :
ARUN R. PEDNEKER, J.
DATE :
22/04/2025 PER COURT :
1.
Criminal Application No. 1121/2025 filed for assisting APP is allowed. Mr. S.B. Shinde is allowed to assist the learned APP. 2.
Heard the learned counsel for the applicant, the learned APP for the respondent-State and Mr. S.B. Shinde, learned advocate assisting APP. 3.
The applicant is apprehending arrest in connection with Crime No. 299/2024 dated 25.8.2024 registered with Belwandi Police Station, Tq. Shrigonda, District Ahmednagar for the offences punishable under sections 109, 118(1), 126(2), 3(5), 351(2), 351(3), 352 of B.N.S., 2023. 4.
The learned counsel for the applicant has relied upon the order passed by this Court dated 10.1.2025 by which the co-accused namely Mr. Ganesh Bhausaheb Khamkar in the present crime is granted interim protection by noticing that that corresponding injuries caused to the informant is shown as abrasion on the hand of the informant. 5.
As regards the role of the present applicant is concerned, it is alleged in the FIR that the present applicant has assaulted the informant by the
ABA 396/25 sword on his head and the injuries caused is stated to be grievous. 6.
Today, the learned APP produced the injury certificate showing that there is corresponding grievous injury on the head of the informant. Considering that the grievous injury is caused to the vital part of the body of the informant which corresponds the allegations made in the FIR, I hold that no case is made out for grant of anticipatory bail. In view of the above, the application is rejected.
7.
It is 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. 8.
The application stands disposed of.
[ARUN R. PEDNEKER, J.] SSC/