Kishor Rangnath Walunje And Others v. The State Of Maharashtra And Another

34-ABA-412-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 412 OF 2023

1. Kishor Rangnath Walunje

2. Shivaji Bajirao Thete

3. Pradip Madhukar Thete

4. Mahesh Keshavrao Thete

5. Jagdish Jaywantrao Thete

6. Sandip Ganeshrao Thete ..APPLICANTS

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. A.S. More, Advocate for applicants Mr. K.N. Lokhande, A.P.P. for respondents ....

CORAM : R.G. AVACHAT, J.

DATE : 10th APRIL, 2023 PER COURT :

1.

This is an application under Section 438 of Code of Criminal Procedure. The applicants claims to have an apprehension of being arrested in connection with Crime No. 33 of 2023 registered with Kannad City Police Station, Dist. Aurangabad for the offences punishable under Sections 188, 447 and 143 read with Section 34 of the Indian Penal Code, under Sections 3 and 11 of the Maharashtra Statues Defacement Prohibition Act. 2.

Heard. Perused First Information Report ('F.I.R.') and related police papers.

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34-ABA-412-23.odt 3.

Learned A.P.P. has strong objection to grant the application. He submits that the applicants have criminal antecedents. 4.

What has been alleged against the applicants is that they installed a bust of Chatrapati Shivaji Maharaj at a public place without obtaining prior permission of the competent authority and nothing more. As such, considering these allegations, order dated 24th March, 2023 granting the applicants interim protection, is hereby made absolute. The applicants shall appear before the investigating officer, as and when required for the investigating purpose. The applicants shall not tamper with the prosecution evidence.

( R.G. AVACHAT, J. ) SSD 2 / 2