Sharad @ Gahininath Navnath Ladhane v. The State Of Maharashtra And Another

2025:BHC-AUG:2951

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 56 ANTICIPATORY BAIL APPLICATION NO. 739 OF 2024 SHARAD @ GAHININATH NAVNATH LADHANE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Vijay Prabhakarrao Latange APP for Respondent/State: Mr. B. B. Bhise ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 03.02.2025 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No.0113/2024, dated 11.04.2024, registered at Mirajgaon Police Station, District Ahmednagar, for the offences punishable under Sections 326, 324, 323, 504, 506 & 34 of the IPC.

3] This court by order dated 06.05.2024 granted interim protection to the applicant. The learned counsel for the applicant submits that in pursuance of the interim order passed by this court, the applicant has cooperated with the investigation. This factual assertion of cooperation is not disputed by the learned APP.

4] The allegations against the applicant is that he had caught hold of the informant while the co-accused has assaulted the informant by axe. The informant has sustained grievous injury on hand and simple injury on head. But the informant was able to resist the attack of axe making protection to his head by blocking the same with the help of hands. It appears that in the scuffle the applicant has caught hold of him but has not completely immobilized the informant and the informant was still able to resist. 5] Considering the role of the applicant and considering that this court has granted interim protection on 06.05.2024 and the applicant having cooperated with the investigation, no further custodial interrogation would be necessary. So also, there is no antecedents reported against the applicant.

6] In view of the above, the interim protection granted by order dated 06.05.2024 stands confirmed, on the following terms:

i] The applicant shall attend the 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.

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] JUDGE marathe