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Bombay High CourtABA/1065/2022application allowed

Mukund Bhaskarrao Shobhane (Original), Mukund S/O Bhaskarrao Shobane v. The State Of Maharashtra

2022-09-07Hon'Ble Shri Justice S. G. Mehare3 pages

1 908-ABA.1058-22 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 ANTICIPATORY BAIL APPLICATION NO.1058 OF 2022

1. Ajit Amrutrao Deshpande,

2. Mrs. Vaishali W/o Ajit Deshpande.

VERSUS

The State of Maharashtra WITH ANTICIPATORY BAIL APPLICATION NO.1065 OF 2022 Mukund S/o Bhaskarrao Shobhane / Shobane

VERSUS

The State of Maharashtra WITH ANTICIPATORY BAIL APPLICATION NO.1075 OF 2022 Natha Haribhau Jadhav

VERSUS

The State of Maharashtra WITH ANTICIPATORY BAIL APPLICATION NO.1077 OF 2022 Dnyaneshwar S/o Uttamrao Hiwale

VERSUS

The State of Maharashtra ...

Advocates for Applicants : Mr. Naik Thigle Girish K. Mr. Deshpande J. V., Mr. Chatterji Joydeep, Mr. V. B. Madan, respectively.

APP for Respondent-State : Mr. S. B. Narwade. ...

CORAM : S. G. MEHARE, J.

DATE : 07.09.2022

2 908-ABA.1058-22 & ors.odt PER COURT :- 1.

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

2.

The facts of the case have been discussed in detail in the order dated 10.08.2022.

3.

Learned APP has strongly opposed the application contending that the offence is grievous. Therefore, anticipatory bail may not be granted to them.

4.

The applicants are the Directors of the Company and the Officers from M.S.E.D.C.L. No doubt, four persons have lost their life. However, it was the case of electrocution. The Factory Act provides for action for such accidents and the concerned Authority may fix the liability The appropriate remedies are available under the various laws against an act of the applicants. However, the applicants cannot deny the incident and liability if any. But, after having regard to the facts of the case, this Court is of the view that custodial interrogation would serve no purpose. Therefore, the applicants are entitled to the anticipatory bail. Hence, the following order :

3 908-ABA.1058-22 & ors.odt

O R D E R

(i) All applications are allowed.

(ii) The interim protection granted to the applicants by the order dated 10.08.2022 is confirmed on the same terms and conditions with a modified condition to attend the Police Station as and when called by the Investigating Officer on written notice.

(S. G. MEHARE, J.) ...

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