Bhalchandra Kisanrao Takik v. The State Of Maharashtra
2025:BHC-AUG:7270 ABA 846/24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 951 ANTICIPATORY BAIL APPLICATION NO. 846 OF 2024 BHALCHANDRA KISANRAO TAKIK & ANOTHER
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Ghodke Siddhesh Subhashrao APP for Respondent/State : Mr. S.P. Sonpawale Advocate for assisting APP : Mr. M.S. Karad ...
CORAM :
ARUN R. PEDNEKER, J.
DATE :
12/03/2025 PER COURT :
1.
Heard the learned counsel for the applicant, the learned APP for the respondent-State and Mr. M.S. Karad, learned advocate assisting APP. 2.
The applicants are apprehending arrest in connection with Crime No. 36/2024 dated 2.2.2024 registered with Shivajinagar Police Station, District Beed for the offences punishable under sections 379, 120-B, 420 r/w. 34 of I.P.C.
3.
This Court by order dated 22.5.2024 has granted interim protection to the applicant by noting the submissions at para 2, as under :- "2.
The learned advocate for the applicants pointed out the F.I.R. It was registered after the directions were given by the learned Judicial Magistrate, First Class under section 156 (3) of the Criminal Procedure Code, in which it is averred that the lost cheque of the informant was misused by applicant No. 1"
4.
The learned counsel for the applicants submits that the cheque is issued by the informant in presence of the witnesses under his signature in favour of the applicants. The informant has stopped the payment so as to avoid the payment and as such, complaint for offence under section 138 of
ABA 846/24 N.I. Act is registered by the applicants and to counter the said complaint, the informant has filed the present F.I.R. stating that his cheque has been stolen and the applicant has requested his bank not to make the payment. 5.
Considering the submissions and the cheque was given in presence of the witnesses and so also the signature of the informant has not been stated to be matching with the signature on the cheque by the concerned bank, I deem it appropriate to confirm the interim relief granted earlier. 6.
In view of the above, the application is allowed and the interim protection granted on 22.5.2024 is confirmed on the following terms : i] The applicants shall attend the police station as and when required.
ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case. iii.
The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.
7.
In the event, the applicants violate 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/