Sandip Gunderao Patil v. The State Of Maharashtra And Another
2025:BHC-AUG:9717
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 49 ANTICIPATORY BAIL APPLN. NO. 414 OF 2025 VISHNU @ VISHNUDAS SHRIMANT JADHAV
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr.V.D.Gunale APP for Respondent-State : Mr.S.P.Sonpawale Advocate for Assist to P.P. : Mr.B.N.Magar ...
WITH CRIMINAL APPLICATION NO. 1185 OF 2025 IN ABA/414/2025 ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 01.04.2025 P.C. :
1] Heard. For the reasons stated in Criminal Application No.1185 of 2025 for assisting to the P.P., the same is allowed. Criminal Application is disposed of accordingly.
2] Heard learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for assist to P.P.
3] The applicant is apprehending arrest in connection with Crime No. 18/2025, registered with Police
Station Shirur-Anantpal, Dist. Latur, for the offence punishable under Sections 109, 333, 324 (2), 115, 352, 351
(2) of Bhartiya Nyaya Sanhia, 2023.
4] This Court, by order dated 18.03.2025, has granted interim protection in favour of the applicant for the submissions and reasons stated in para nos.4, 5 and 6, as noted below :
4] The allegations against the applicant is that on 27.01.2025, at about 08:30 p.m., he had been to the house of the informant and abused the informant and there has been some scuffle and, thereafter, he had thrown a stone towards the informant, which hits the television and the television was broken and loss of Rs.7000/- is caused to the informant.
5] The learned counsel for the applicant submits that the applicant has filed the compliant dated 06.01.2025 to the police stating therein that the informant and others have been falsely accusing the applicant in various cases and asking the money from him. He submits that the present FIR is counter blast to the complaint filed on 06.01.2025.
6] Considering the complaint of the applicant dated 06.01.2025 and, also, considering that no injury is suffered by the informant, prima facie, there is possibility of implication of the applicant.
5] The learned counsel for the applicant submits that in terms of aforesaid order, the applicant has cooperated with the investigation. 6] The learned counsel for assist to P.P. submits that his name is in the complaint dated 06.01.2025 filed by the applicant. He further submits that the name of the present applicant is not mentioned in the first complaint dated 18.09.2024 given by the wife of the informant. 7] Considering that there is prior enmity between the parties and no injury is suffered by the informant, the interim protection granted by order dated 18.03.2025 stands confirmed in the following terms :
i] The applicant shall attend the concerned 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.
8] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.
9] 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.
10] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE DDC