Shivaji Kisanrao Sonwane And Another v. The State Of Maharashtra And Another
2024:BHC-AUG:27180
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 972 ANTICIPATORY BAIL APPLICATION NO. 1303 OF 2024 PRAMOD SHIVAJIRAO SONWANE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. S.E. Shekade APP for Respondents 1 & 2 : Mr. P.K. Lakhotiya Advocate for assisting APP : Mr. U.G. Mitkari ...
WITH ANTICIPATORY BAIL APPLICATION NO. 1305 OF 2024 SHIVAJI KISANRAO SONWANE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. S.E. Shekade APP for Respondents 1 & 2 : Mr. P.K. Lakhotiya Advocate for assisting APP : Mr. U.G. Mitkari ...
CORAM : ARUN R. PEDNEKER, J.
Dated : November 19, 2024 PER COURT :- 1.
Heard learned counsel for the applicants, the learned APP for the respondents-State and Mr. U.G. Mitkari, learned advocating assisting APP. 2.
The applicants in both the applications are apprehending arrest in connection with Crime No. 249/2024 dated 1.6.2024 registered at Shivajinagar Police Station, Beed, District Beed, for the offences punishable under sections 326, 324, 323, 504, 506, 427, 327 r/w. 34 of I.P.C. 3.
The learned counsel for the applicants, on instructions, seeks leave of this Court to withdraw ABA No. 1303/2024 of applicant No. 1 - Pramod Shivajirao Sonawane and ABA No. 1305/2024 of applicant No. 2 -
Rushikesh Bhagwan Mahakunde. Leave is granted. Application of applicant No. 1 - Pramod Shivajirao Sonawane in ABA No. 1303/2024 and application of applicant No. 2 - Rushikesh Bhagwan Mahakunde in ABA No. 1305/2024 are dismissed as withdrawn.
4.
As regards Anticipatory Bail Application No. 1303/2024 of applicant No. 2 - Deepak Pandurang Kurhe is concerned, it appears that he is not involved in the assault and house trespass of the complainant. As regards Anticipatory Bail Application No. 1305/2024 of applicant No. 1 - Shivaji Kisanrao Sonwane is concerned, the learned APP points out the CCTV footage in which applicant - Shivaji is seen, telling other persons not to assault and Shivaji himself has not assaulted the complainants or injured. 5.
In view of the above, Anticipatory Bail Application No. 1303/2024 of applicant No. 2 - Deepak Pandurang Kurhe and Anticipatory Bail Application No. 1305/2024 of applicant No. 1 - Shivaji Kisanrao Sonwane are allowed and the interim protection granted by this Court vide order dated 31.7.2024 in respect of applicants Deepak and Shivaji is only confirmed on the following terms :
i] The applicants shall attend the concerned police station as and when required.
ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case. iii] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.
6.
In the event, the applicants 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 applications stand disposed of.
( ARUN R. PEDNEKER, J. ) ssc/