Sunil Paraji @ Daraji Chavan @ Kale v. The State Of Maharashtra And Another
2024:BHC-AUG:15742
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
988 ANTICIPATORY BAIL APPLICATION NO. 1146 OF 2024 Sunil Paraji @ Daraji Chavan @ Kale ..APPLICANT -VERSUS1.
The State of Maharashtra 2.
The Superintendent of Police ..RESPONDENTS ...
Advocate for Applicant : Mr.S.E. Shekade APP for Respondent/State: Mr.C.V. Bhadane ...
CORAM :
SHIVKUMAR DIGE, J.
DATE :
25th July, 2024.
P.C.:
1.
The applicant apprehends arrest in connection with FIR No.0197 of 2024 registered with Police Station Talwada, Dist. Beed, for the offences punishable under sections 4 and 25 of the Arms Act, 1959. 2.
It is prosecution's case that on 5th June, 2024 the police received secret information that near hotel Kanhaiyya one person has parked his motorcycle and one sword is hanged to his motorcycle. After receiving the said information, the police went incident spot with two panchas. It is alleged that when the applicant saw the police team, he ran away by leaving motorcycle there. The police seized the motorcycle and sword from the incident spot.
3.
It is the contention of the learned counsel for the applicant that
the applicant has been falsely implicated in this case. The police has recovered the weapon hanged to motorcycle. Custodial interrogation of the applicant is not required, hence requested to allow the application. 4.
It is contention of the learned APP that the applicant has criminal antecedents. He was possessing the sword. Custodial interrogation of the applicant is required to inquire from where he has brought that sword and requested to reject the application. 5.
I have heard both the learned counsel. Perused the F.I.R. and police papers produced on record.
6.
The allegations against the applicant are that he was standing near motorcycle with sword and he ran away when he saw the police team. The police has seized the sword. The earlier offence registered against the applicant is of the year 2018. Considering these facts, his custodial interrogation is not required and I pass the following order :-
ORDER
(i) The application is allowed.
(ii) In the event of arrest of the applicant in connection with FIR No.0197 of 2024 registered with Police Station Talwada, Dist. Beed, for the offences punishable under sections 4 and 25 of the Arms Act, 1959, the applicant be released on executing personal bond in the sum of Rs.15,000/- with one surety of the like amount, on the following conditions :-
(a) the applicant shall attend the concerned police station as and when required by the Investigating Officer.
[ SHIVKUMAR DIGE, J. ] sga