Mohd. Junaid Sk. Mohd. Iliyas Sk. v. The State Of Maharashtra And Another

2024:BHC-AUG:27647

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 973 ANTICIPATORY BAIL APPLICATION NO.1279 OF 2024 MOHD.JUNAID SK.MOHD.ILIYAS SK.

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for the applicant : Mr.A.D.Lipne APP for Respondent-State : Mr.P.K.Lakhotiya Advocate for Respondent no.2 : Mr.Vikram L.Bhange with Adv.K.D.Jadhav ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 26.11.2024 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. 1002/2023, registered at Waluj MIDC Police Station, District Chh. Sambhajinagar, for the offences punishable under sections 380, 461 of the Indian Penal Code.

3] It is the case of the prosecution that the applicant has received part of the stolen property i.e. water pump. However, the prosecution is not able to establish any connection of the applicant with the co-accused in the form

of telephone between the co-accused and the applicant except the statement of co-accused.

4] This Court, by order dated 29th July, 2024, has granted interim protection in favour of the applicant. The applicant has attended the concerned Police Station and has co-operated with the investigation. There is no clear evidence that the pump is in possession of the applicant. In view of the same, the interim protection granted by order dated 29th July, 2024 stands confirmed on the following conditions :

i] The applicant shall attend the police station as and when called 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.

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

6] 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.

7] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE DDC