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Bombay High CourtABA/1432/2023application allowed

Sameer Kisanrao Gawali v. The State Of Maharashtra

2024-02-05Hon'Ble Shri Justice N. B. Suryawanshi2 pages

2024:BHC-AUG:2410 {1} 23-ABA-1432-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1432 OF 2023 Sameer Kisanrao Gawali ....Applicant

VERSUS

The State Of Maharashtra & Another .....Respondents .....

Mr. C.C. Deshpande, Advocate for applicant.

Mr. A.R. Kale, APP for respondents.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 5 th FEBRUARY, 2024 ORDER :

1.

Leave to add Superintendent of Police, Dhule as party respondent. Amendment to be carried out forthwith. 2.

Applicant apprehends arrest in C.R. No. 80 of 2022, registered with Deopur Police Station, Dhule, for the offences punishable under sections 307, 316, 354-A, 354-D, 323, 452, 341, 143, 147, 148, 149, 504, 506, 507 of Indian Penal Code and Section 39 and 45 of Maharashtra Money Lending (Regulation) Act, 2014.

3.

Admittedly, Accused No. 1- Jitendra Baisane and other co-accused are granted anticipatory bail. Allegation against Bhagyawant Punde

{2} 23-ABA-1432-2023 main accused Jitendra Baisane is that he assaulted wife of informant, due to which her pregnancy was terminated. 4.

So far as present applicant is concerned, allegation against him is that he abused and talked in indecent language with wife of informant and he used to threaten informant for return of money.

5.

Offence is registered on 26.03.2022 and till date for the reasons best known to investigating officer, charge sheet is not filed. Learned APP makes a statement that investigation is almost complete and charge sheet is likely to be filed. 6.

Applicant was granted interim protection on 30.08.2023. He has attended the police station and co-operated in the investigation. In view of grant of anticipatory bail to similarly situated co-accused, applicant is entitled for protection. 7.

In the result, application is allowed by confirming the interim protection granted on 30.08.2023.

[NITIN B. SURYAWANSHI, J.] Bhagyawant Punde