Deepak Ashok Jamadar And Others v. The State Of Maharashtra

933-ABA-1141-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1141 OF 2022 DEEPAK ASHOK JAMADAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Ganesh L. Kedar APP for Respondent : Mr. V. M. Kagne ...

CORAM :

S. G. MEHARE, J.

DATE :

14-09-2022 PER COURT :- 1.

Heard the learned counsel for the applicants and learned A.P.P. for the respondent/State.

2.

Perused the papers. The first information report does not reveal the name of the applicants. However, few witnesses specifically named the applicants, but their statements do not reveal that the applicants have played active role. The offence is serious as one of the co-accused used a pistol and opened the fire. Considering the facts of the case and the discovery of the name of the applicants subsequent to lodging the first information report, the prosecution has no case for recovery of weapon from the applicant/accused. The application deserves to be allowed. Hence, the following order :-

933-ABA-1141-22.odt i) The application is allowed.

ii) The order granting interim protection to the applicants by the order dated 24.08.2022 is confirmed on the same terms and conditions.

( S. G. MEHARE ) JUDGE rrd