Salman Khan Chand Khan Pathan v. The State Of Maharashtra

{1} aba1345-22 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1345 OF 2022 Salman Khan Chand Khan Pathan APPLICANT

VERSUS

The State of Maharashtra and Another RESPONDENTS .......

Mr. Adinath B. Jagtap, Advocate for the applicant Mr. N. T. Bhagat, APP for respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 8 th DECEMBER, 2022 ORDER :

1.

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

The applicant apprehends his arrest in connection with Crime No. 367 of 2022, registered with Selu Police Station District - Parbhani, for the offence punishable under sections 328, 272, 273 read with 34 of the Indian Penal Code. 3.

Heard learned advocate for the applicant and the learned Additional Public Prosecutor for the State. Perused the investigation papers.

4.

Except section 328 of the Indian Penal Code, all other

{2} aba1345-22 sections are bailable. Admittedly, the issue of applicability of section 328 of the Indian Penal Code in such cases, is pending before the Apex Court and interim protection is granted in those matters.

5.

The applicant was granted interim protection and he has attended the concerned police station and co-operated in the investigation. Nothing is to be recovered from the applicant. In that view of the matter, the application deserves to be allowed. 6.

The application is allowed, by confirming interim order dated 7th October, 2022 7.

Till filing of the charge sheet, the applicant shall attend the concerned police station as and when called by the Investigating Officer. The applicant shall not tamper prosecution evidence. [NITIN B. SURYAWANSHI] JUDGE drp/aba1345-22