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Bombay High CourtABA/1582/2024application allowed

Shamrao Ramchandra Kadminche v. The State Of Maharashtra

2025-02-20Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:4876

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 ANTICIPATORY BAIL APPLICATION NO. 1582 OF 2024 SHAMRAO RAMCHANDRA KADMINCHE

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Zafar M. Pathan, Advocate for Applicant.

Mr. S. N. Kendre, APP for Respondents-State.

...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

20.02.2025 P.C.:- 1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with FIR No.0614/2024 dated 22.07.2024, registered at Shevgaon Police Station, District Ahmednagar for the offences punishable under sections 189(2), 191(2), 191(3), 190, 118(1), 115(2), 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023.

3] This Court by order dated 11.11.2024 granted interim protection to the applicant. Considering the submissions and reasons stated in paragraph Nos.3, 4 and 5 of the order dated 11.11.2024 which read as under:- "3] The applicant has approached this Court apprehending arrest in connection with Crime No.614 of 2024, registered with Shevgaon Police Station, District Ahmednagar, for the offences punishable under Sections 189(2), 191(2), 191(3), 190, 118(1), 115(2), 352, 351(2) and 351(3) and 118(2) of the Bharatiya Nyaya Sanhita, 2023.

4] The learned APP submits that as regards the injury caused

by the applicant the medical opinion is reserved and the Hospital is yet to give opinion as regards the injury caused to the victim. 5] I have seen the photograph produced and considering that the report is awaited on the nature of injury so also that there was fight between two groups who are relatives of one another, by way of interim order, following order is passed :-" 4] The learned APP today submits that the injured informant did not remain present before the medical officer for ascertaining the nature of injury. Thus, the said interim protection granted to the applicant by order dated 11.11.2024 stand confirmed. 5] In view of the above, the application is allowed and interim protection granted by this Court on 11.11.2024 is confirmed on the following terms :

i] The applicant shall attend the police station once a fortnight for a period for four months from today. ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court. 6] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 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) JUDGE