Baban Sardar Shinde And Others v. The State Of Maharashtra

2025:BHC-AUG:17009

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 BAIL APPLICATION NO. 1090 OF 2025 BABAN SARDAR SHINDE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Nagargoje Ankush Nivrutti APP for Respondent/State : Mrs. P.V. Diggikar ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

02/07/2025 P.C. :

1.

Heard the learned counsel for the applicants and the learned APP for the respondent-State.

2.

The applicants are seeking bail as they were arrested in connection with Crime No. 145/2025 dated 8.4.2025 registered with Kaij Police Station, Tq. Kaij, District Beed for the offence punishable under sections 310(2) and 317(3) of B.N.S., 2023.

3.

The learned counsel for the applicants on instruction seeks leave of this Court to withdraw bail application of applicant Nos. 1 and 2 with liberty to file the application after filing of the chargesheet. 4.

The learned counsel submits that applicant Nos. 3 and 4 were present in the house of accused No. 1 in whose custody the stolen articles were found and there is no role of applicant Nos. 3 and 4 in the alleged offence. Hence, he prayed to release applicant Nos. 3 and 4 on regular bail. 5.

In view of the submissions made by the learned advocate for the applicant and the same being borne out of record, I deem it appropriate to release the applicant Nos. 3 and 4 on bail.

6.

In view of the above, the application of applicant Nos. 1 and 2 is

dismissed as withdrawn with liberty to file application for bail after filing of the chargesheet.

7.

The application of applicant No. 3 - Mohan Haridas Kale and applicant No. 4 - Lalasaheb Sakharam Pawar is allowed in the following terms : a] The applicant Nos. 3 and 4 shall be released on bail in connection with Crime No. 145/2025 dated 8.4.2025 registered with Kaij Police Station, Tq. Kaij, District Beed for the offence punishable under sections 310(2) and 317(3) of B.N.S., 2023, on furnishing PR bond of Rs.20,000/- each with one or two sureties in the like amount to the satisfaction of the trial Court.

b] The applicant Nos. 3 and 4, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial.

c] The applicant Nos. 3 and 4 shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court, for reasons to be recorded in writing. d] The applicant Nos. 3 and 4 shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.

e] The applicant Nos. 3 and 4, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change. 7.

Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant 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 bail application. The concerned 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/