Machindra Shivaji Saruk v. The State Of Maharashtra And Another

1 935ABA523.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

935 ANTICIPATORY BAIL APPLICATION NO. 523 OF 2025 Machindra Shivaji Saruk

VERSUS

The State Of Maharashtra And Another ...

Advocate Kishor R. Doke and Advocate S. K. Doke for Applicant Mr. N. D. Batule - APP for State ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 11TH SEPTEMBER, 2025 PER COURT : - 1.

This is an Application under Section 482 of the Bharatiya Nagrik Suraksha Sanhita, 2023, for grant of anticipatory bail in connection with Crime No. 0326 of 2024 registered with Vashi Police Station, District Dharashiv, for offences punishable under Sections 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2.

Heard the learned Advocate for the Applicant and the learned APP for the State.

3.

It is the Prosecution's case that the FIR-named accused have raised an objection about the Informant's tractor business in their village, which affected the business of the FIR-named accused. The first informant, Sushant Sunil Pawar, was assaulted by three FIR-named accused by using sickle, iron rod and wooden log. The Informant suffered injuries due to the assault.

2 935ABA523.2025.odt 4.

Perusal of the FIR shows that, the role attributed to the Applicant is that of assault by the wooden stick on the legs, hands and back of the first Informant. Perusal of the Medico Legal Certificate [MLC] issued by the concerned Hospital shows grievous injury on the right upper limb of the Informant. The history given therein is of assault. At the same time, there is Injury Certificate dated 09.11.2024 in the name of first Informant issued by Kawade Hospital, wherein history of fall is mentioned. Two co-accused to whom the role of assault by sickle and iron rod is attributed, are already protected by this Court vide order dated 03.02.2025 passed in Anticipatory Bail Application No. 2095 of 2024. The Applicant is protected by way of interim order passed by this Court on 01.04.2025, on certain conditions. It is nobody's case that the Applicant has flouted any of the conditions of the interim order. Under such facts and circumstances of the case, I proceed to pass the following order.

ORDER

[i] The interim protection granted to the Applicant vide order dated 01.04.2025 is confirmed.

[ii] Application stands disposed off.

[NEERAJ P. DHOTE] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 11/09/2025 19:51:11