Sambhaji Namdeo Raut v. The State Of Maharashtra And Another

2025:BHC-AUG:6216 ABA 688/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 955 ANTICIPATORY BAIL APPLICATION NO. 688 OF 2024 SAMBHAJI NAMDEO RAUT

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. D.M. Shinde h/f. Mr. S.G. Jadhavar APP for Respondents 1 & 2 : Mr. R.S. Wani ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

04/03/2025 PER COURT :

1.

Heard the learned counsel for the applicant and the learned APP for the respondents-State.

2.

The applicant is apprehending arrest in connection with Crime No. 108/2023 dated 14.3.2023 registered with Sengaon Police Station, District Hingoli for the offences punishable under sections 420, 409, 468, 471 r/w. 34 of I.P.C. and sections 3 and 7 of the Essential Commodity Act. 3.

This Court by order dated 30.4.2024 has granted interim protection to the applicant. The learned counsel for the applicant submits that at the relevant time, the applicant was supply officer and it is alleged that he was supplying excess quantity of foodgrains to fair shop owners. The learned counsel submits that the allegations against the applicant pertains only for the year 2014 i.e. for the period of six months. The learned counsel submits that at the relevant time, the applicant was Nayab Tahsildar, but was not involved in the supply department. The learned counsel submits that the applicant is retired from service in November, 2024. 4.

The learned APP points out that the signatures of the applicant were on the supply orders given to fair price shop owners, but his signatures

ABA 688/24 were not there on the original documents maintained by the State. 5.

Considering that the matter pertains to the year 2014 and the period of applicant was only for six months and of the excess payments for excess supply are made by the fair price shop owners and considering that the nature of evidence is documentary, the interim protection granted on 30.4.2024 can be confirmed.

6.

In view of the above, the application is allowed and the interim protection granted on 30.4.2024 is confirmed on the following terms : i] The applicant shall attend the police station as and when required.

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.

7.

In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 8.

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.

9.

The application stands disposed of.

[ARUN R. PEDNEKER, J.] SSC/