Somnath Shivaji Burkhunde v. The State Of Maharashtra

2024:BHC-AUG:29528 958-ABA-1307-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 ANTICIPATORY BAIL APPLICATION NO. 1307 OF 2024 WITH ANTICIPATORY BAIL APPLICATION NO. 1290 OF 2024 SOMNATH SHIVAJI BURKHUNDE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. R. B. Jadhav, P. M. Shinde, Mr. B. N. Magar & C. C. Deshpande APP for Respondent-State: Mrs. M. L. Sangit ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

13.12.2024 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant Somnath Shivaji Burkunde in ABA No. 1307 of 2024 is apprehending arrest in connection with Crime No. 402 of 2024 dated 02.07.2024 registered with Jintur Police Station Dist. Parbhani for the offences punishable under Section 118(2), 352, 351(2), 351(3) of Bhartiya Nyaya Sanhita. The applicant Uddhav Madhavrao Rokade in ABA No. 1290 of 2024 is apprehending arrest in connection with Crime No. 401 of 2024 dated 01.07.2024 registered with Jintur Police Station Dist. Parbhani for the offences punishable under Section 118(2), 3(5), 351(2), 351(3) of Bhartiya Nyaya Sanhita. 3] This Court by order dated 09/08/2024 and vide order dated 29/07/2024 has granted interim protection to the respective applicants in above applications. It appears that cross complaints are filed against each other by the above applicants and the applicants have assaulted to each other. In

958-ABA-1307-2024 the Crime No. 401 of 2024 the informant had suffered grievous injury and in other Crime No. 402 of 2024 the informant had suffered simple injury. As such cross FIR are registered against each other. The weapons were seized and the investigation in the matter is complete.

4] In view of the above, the applications are allowed and the interim protection granted by this Court vide orders dated 09/08/2024 and 29/07/2024 are 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.

iv] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.

5] In the event, the applicants violate 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 applications and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

7] The applications stand disposed of.

[ARUN R. PEDNEKER] JUDGE PRW