Shantilal Manik Chavan v. The Superintendent Of Police And Another

2024:BHC-AUG:27267

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 971 ANTICIPATORY BAIL APPLICATION NO. 1106 OF 2024 SHANTILAL MANIK CHAVAN

VERSUS

THE SUPERINTENDENT OF POLICE AND ANOTHER ...

Advocate for Applicant : Mr. Kiran P. Rathod APP for Respondent/State: Mr. S. K. Shirse ...

...

CORAM : ARUN R. PEDNEKER, J.

DATE : 21.11.2024 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.0770 of 2023, registered at Ambad Police Station, District Jalna, for the offences punishable under Sections 326, 324, 323, 504, 506 r/w. 34 of IPC.

3] It appears that the already bail was rejected by the Sessions Court as there was likely to be harm done at the instance of the applicant. However, after the interim protection granted by this court on 20.07.2024, the applicant has surrendered the weapon to the police. It also

appears that the daughter of the applicant has also filed prior case under Section 363, 376(2)(i) of IPC and 4, 8, 12 of POCSO Act against the informant's son. There is some rivalry between the parties and in view of the same, exaggeration cannot be ruled out.

4] As such, interim protection granted earlier by order dated 20.07.2024 is confirmed.

5] In view of the above, the application is allowed in 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.

6] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

7] 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.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe