Pramod S/O Vasantrao Shinde And Others v. The State Of Maharashtra

2024:BHC-AUG:14006 aba673.21 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 ANTICIPATORY BAIL APPLICATION NO. 673 OF 2021 1.

Pramod Vasantrao Shinde 2.

Prasad Vasantrao Shinde 3.

Shaikh Shafiq Abdul @ Shaikh Abdul Muflib Shaikh ...Applicants versus 1.

The State of Maharashtra ...

Advocate for Applicants : Mr. Gaware Niteen V. APP for Respondent: Ms. V.S. Choudhary Advocate for assist A.P.P. : Mr. A.R. Muley .....

CORAM : SHIVKUMAR DIGE, J.

DATED : 10th JULY, 2024.

PER COURT :- 1.

The applicants apprehend arrest in connection with crime No.2024 of 2020 registered with Rahuri, Police Station, district Ahmednagar, for the offence punishable under sections 143, 147, 148, 149, 323, 307, 504, 506, 354, 395, 427, of I.P.C. and under Sections 3/25 of Indian Arms Act.

2.

It is the contention of the learned counsel for the applicants that the police have filed the charge sheet against the co-accused before the trial court and in the said charge sheet, the only charges levelled against the applicants are under Sections 323, 504, 506 which are bailable offences. Learned counsel submitted that it shows that the applicants

aba673.21 -2have been falsely implicated in this crime. Hence he requested to allow the application.

3.

It is the contention of the learned APP assisted by learned counsel Mr. Muley that there was involvement of the applicants in the said crime, their custodial interrogation is required. Hence requested to reject the application.

4.

I have heard all the learned counsel. The allegations against the applicants are that they alongwith co-accused assaulted the informant, her father and brother and tried to kill the informant. It is alleged that coaccused outraged the modesty of the informant. The police have filed charge sheet against the co-accused. In the said charge sheet, the offences having serious allegations have been dropped against the applicants. The investigation is completed. Considering this fact, the custodial interrogation of the applicants is not required and I pass the following order :-

O R D E R

(i) The application is allowed.

(ii) The interim anticipatory bail granted to the applicants vide order dated 08.07.2021 stands confirmed on the same terms and conditions. (SHIVKUMAR DIGE, J.) rlj/