Sibagatulla Fasiulla Pathan v. The State Of Maharashtra And Another
2025:BHC-AUG:4003
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 946 ANTICIPATORY BAIL APPLN NO.1398 OF 2024 IMRAN ABDUL JABBAR KACHLIYA
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr.A.K.Bhosle APP for Respondent-State : Mr.B.B.Bhise Advocate for Assist to P.P. : Mr.Ajit B. Chormal h/f. Mr.A.N.Barhate Patil ...
WITH ANTICIPATORY BAIL APPLN NO. 1430 OF 2024 SHERU NAWAB PATHAN
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr.B.S.Bhale APP for Respondent-State : Mr.B.B.Bhise Advocate for Assist to P.P. : Mr.Ajit B. Chormal h/f. Mr.A.N.Barhate Patil ...
WITH ANTICIPATORY BAIL APPLN. NO.1478 OF 2024 SIBAGATULLA FASIULLA PATHAN
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr.R.P.Patwardhan APP for Respondent-State : Mr.B.B.Bhise Advocate for Assist to P.P. : Mr.Ajit B. Chormal h/f. Mr.A.N.Barhate Patil ...
WITH CRIMINAL APPLICATION NO. 4555 OF 2024 IN ABA/1478/2024 ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 12.02.2025 P.C. :
1] Heard. For the reasons stated in the Criminal Application No.4555 of 2024, the same is allowed. Criminal Application is disposed of accordingly.
2] Heard learned counsel for the applicants, the learned APP for the respondent-State and the learned counsel for the Assist to P.P.
3] The applicants are apprehending arrest in connection with Crime No. 0192/2024, registered with Kannad Police Station, District Aurangabad, for the offence punishable under Sections 305 and 334 (1) of the B.N.S. 4] The case against the applicants is that the applicants came in car to the go-down of the informant and took the goods worth Rs.1,60,369/-. The goods included tobacco and tobacco products.
5] The learned counsel for the applicants submits that the applicants are not involved in the alleged crime and
they are in the business with the informant and dealing with the various products and are unlikely that they would commit theft of the articles. The learned counsel further submits that the goods worth of Rs.50,000/- are recovered from the other co-accused, who are arrested in the alleged crime. The learned counsel for the applicants submits that this Court, by orders dated 14th August, 2024, 21st August, 2024 and 28th August, 2024, has granted interim protection in favour of the applicants and the applicants have attended the concerned police station and have co-operated with the investigation.
6] Considering the allegations made in the complaint and considering the fact that the applicants and the informant are known to each other and there is possibility that the goods may have been taken for other purposes, the interim protection granted by this Court by orders dated 14th August, 2024, 21st August, 2024 and 28th August, 2024 stands confirmed, in the following terms : i] The applicants shall attend the concerned police station as and when required by the investigating officer.
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.
7] In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled.
8] 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.
9] The applications stand disposed of.
[ARUN R. PEDNEKER] JUDGE DDC