Pralhad Shesherao Shinde And Others v. The State Of Maharashtra And Another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 935 ANTICIPATORY BAIL APPLICATION NO. 695 OF 2025
1. Pralhad S/o. Shesherao Shinde, Age: 85 yrs, Occ. - Nil, R/o. Jomegaon, Tq. Loha, Dist. Nanded.
2. Parmeshwar s/o. Pralhad Shinde Age: 34 yrs, Occ. - Agri., R/o. As above.
3. Rameshwar S/o. Pralhad Shinde, Age: 30 yrs, Occ. - Agri., R/o. As above.
...Applicants
VERSUS
The State of Maharashtra And Another .....Respondents .....
Mr. Suraj R. Bagal h/f Mr. B. N. Gadegaonkar, Advocate for the Applicants Mr. C. V. Bhadane, APP for the Respondents - State Mr. V. B. Dhage, Advocate for the Informant [Assist to PP] .....
CORAM
:
NEERAJ P. DHOTE, J.
DATE :
18.09.2025 PER COURT :
1.
Heard the learned Advocate for the Applicants, learned APP for the Respondents - State and the learned Advocate for the first Informant. Perused the papers on record.
2.
Since the Applicant Nos.2 and 3 were arrested during the pendency of this Application, by order dated 23/07/2025, the Application is dismissed against Applicant Nos.2 and 3, namely, Parmeshwar s/o. Pralhad Shinde and Rameshwar S/o. Pralhad Shinde.
3.
The Applicant No.1 is apprehending arrest at the hands of Usmannagar Police Station, Taluka Kandhar, District Nanded, in connection with Crime No.0051/2025, for the offence punishable under Sections 109(1), 118(1), 115(2), 352, 351(2), 351(3) and Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, and therefore, this Application for Anticipatory Bail is filed. 4.
The Paragraph No.2 from the order of the learned Additional Sessions, Kandhar, in Misc. Criminal Bail Application No.67/2025 decided on 17/04/2025 is reproduced to show the case of Prosecution. "2.
The informant resides at Jomegaon Tq. Loha Dist. Nanded. It is alleged that, on 19/03/2025, at 9.00 pm, as the marriage of his nephew was fixed, he had arranged for dinner in his field. At that time, his maternal uncle and cousin maternal uncle had gathered. It is alleged that, his maternal uncle i.e. the accused No.1 under the influence of liquor, started abusing, he tried to pacify him, on which he slapped him. It is further alleged that, his maternal uncle abused one Tirupati in his absence. It is alleged that, though, he was tried to pacify, he did not listen and threatened to kill. It is further alleged that, on 20/03/2025, at about 12.30 mid-night, the accused came there with sticks, when he was sleeping. It is alleged that, the accused No.
2 threatened him and with a view to kill him, gave a blow of stick on his head and right hand and it is fractured. It is further alleged that, the accused No.3 assaulted his maternal uncle ( मावसकाका) by means of stick, near his left eye and left rib. It is further alleged that, the accused No.3 assaulted his nephew, when he tried to intervene in the quarrel by means of stick. It is alleged that, the accused No.2 assaulted him by kick and fists blows. It is alleged that, his maternal uncle ( मावसकाका) due to the assault became unconscious and thereafter, the accused went away. On this sort of report, crime is registered."
5.
The role attributed to the Applicant is that of assaulting the Informant by fists and kicks. The role of assault by sticks is attributed to the Co-accused, who are arrested and they are behind the bars. According to the learned APP, the sticks used in the assault are recovered. The Applicant is 85 years of age and he was protected by an interim order dated 28/04/2025. The investigation is almost over. In this view of the matter, I am inclined to confirm the interim protection granted to the Applicant No.1. Hence, the following order :
ORDER
[I] Interim protection granted by this Court vide order dated 28/04/2025 to the Applicant No.1, namely, Pralhad S/o. Shesherao Shinde, is confirmed.
[II] Anticipatory Bail Application stands disposed of accordingly. [NEERAJ P. DHOTE, J.] Sameer/September-2025 Signed by: Md. Sameer Q.
Designation: PA To Honourable Judge Date: 18/09/2025 18:45:50