Baban Balnath Jadhav And Others v. The State Of Maharashtra And Another

2024:BHC-AUG:28197 1 82

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 82 ANTICIPATORY BAIL APPLICATION NO. 1403 OF 2024 1.

Baban s/o Balnath Jadhav 2.

Bhagwat P. Balnath Jadhav 3.

Padmakar Balnath Jadhav 4.

Laxmi w/o Bhagwat Jadhav 5.

Nita alias Swati w/o Baban Jadhav .. Applicants

VERSUS

.

The State of Maharashtra and another .. Respondents ...

Advocate for Applicant : Mr. Salunke Sudarshan J APP for Respondent/State: Mrs. M. L. Sangit ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 02nd DECEMBER, 2024 PER COURT:

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

2] The applicants are apprehending arrest in connection with Crime No.363/2024 dated 28.06.2024, registered at Kaij Police Station, District Beed, for the offences punishable under Sections 323, 324, 143, 145, 149, 504, 506, 307, 328 of IPC. 3] After arguing for some time, the learned counsel for the applicants submits that he would not press the application for applicants no.1 and 2. The application stands dismissed as against applicants no.1 and 2.

2 82 4] As regards the other applicants are concerned that they have not administered poison and they are related to the deceased, so also, two of them are ladies. There has been friction between the families on account of love marriage and, thus, over implication cannot be ruled out. After the interim protection granted by order dated 14.08.2024, the applicants have cooperated with the investigation and no further custodial interrogation would be necessary. In view of the same, the interim protection granted would stand confirmed qua the applicants no.3, 4 and 5. 5] In view of the above, the interim protection granted by order dated 14.08.2024 stands confirmed qua applicants no.3, 4 and 5, on the following terms:

i] Applicants no.3, 4 and 5 shall attend the police station as and when required by the Investigating Officer. ii] Applicants no.3, 4 and 5 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] Applicants no.3, 4 and 5 shall co-operate with the investigation and also in the proceedings before the trial Court. 6] In the event, applicants no.3, 4 and 5 violates any of the conditions specified in this order, it shall be liable to be cancelled.

3 82 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 application stands disposed of.

[ARUN R. PEDNEKER, J.] marathe