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Bombay High CourtABA/1073/2025disposed off

Dakla Shenda Pawara And Another v. The State Of Maharashtra

2025-10-07Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:27997

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

934 ANTICIPATORY BAIL APPLICATION NO.1073 OF 2025 1.

Dakla Shenda Pawara 2.

Ambaram Shenda Pawara ..Applicants

Versus

The State of Maharashtra ..Respondent .....

Shri. Chetan Barku Chaudhari, Advocate for the Applicants Shri. M. K. Goyanka, APP for the Respondent - State. .....

CORAM : NEERAJ P. DHOTE, J.

Dated :

OCTOBER 07, 2025 PER COURT :- .

Heard the learned Advocate for the Applicant and the learned APP for the State. Perused the papers on record. 2.

The Applicants are apprehending arrest in Crime. No.0262/2024 registered with Shirpur Taluka Police Station, Dist. Dhule for the offences punishable under Sections 109, 61(2), 189(2), 191(2), 191(3), 190, 318(4) of the Bharatiya Nyaya Sanhita, 2023. The said Crime is registered on the Report lodged by one Mahendrasing Shankar Randhe. 3.

The case of the Prosecution is that, on 01.10.2024 around 04:30 p.m., 16 (sixteen) FIR named Accused and other 2 (two) to 15 (fifteen) persons had formed unlawful assembly to gain control over the land, which was the forest land, for the purpose of cultivation. In the incident, four (4) to five (5) persons suffered injuries. The

Applicants were the members of the unlawful assembly and conspiracy. 4.

The copy of order dated 24.04.2025 at page no.24 (Exh. 'D') of the Application show that, the Accused Nos. 9 to 12, to whom no specific role of assault was made, are protected in Anticipatory Bail Application No.551 of 2025. This Court by order dated 14.07.2025 protected the Applicants after considering that prima facie from the FIR there was no specific role attributed to the Applicants in the incident of assault. There is nothing to show that, the role of the Applicants was different or graver than the one attributed to the said Applicants who are protected by this Court in Anticipatory Bail Application No.551 of 2025. It is nobody's case that, the Applicants misused the interim protection. Hence, on the ground of parity, the Application is liable to be allowed and hence the following order.

ORDER

(i) Interim Protection dated 14.07.2025 is confirmed. (ii) The Application stands disposed off.

( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 07/10/2025 20:32:33