Rameshwar @ Ram Bapurao Chikhale v. The State Of Maharashtra

1 16-ABA-1365-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1365 OF 2022 WITH ABA/1327/2022 RAMESHWAR @ RAM BAPURAO CHIKHALE

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Anant R. Devakate, Advocate for Applicant Mr. Mayur V. Salunke, Advocate for Applicant in ABA/1327/2022 Mr. A. V. Deshmukh, APP for Respondent - State ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 12th DECEMBER, 2022 PER COURT :

1.

Applicants in both the matters are apprehending arrest in Crime No.0438/2022, registered with M.I.D.C. Latur Police Station, Latur, for offence punishable under Sections 406 and 408 of the Indian Penal Code.

2.

Heard learned advocates for applicants in both the applications and learned Additional Public Prosecutor for respondent - State. Perused the investigation papers.

3.

It appears from record that except informant nobody else has taken names of present applicants. This aspect is confirmed by Investigating Officer in the affidavit-in-reply filed by him. Applicants were granted interim protection and they have

2 16-ABA-1365-22.odt cooperated in the investigation. It appears that main accused persons are yet to be arrested. Investigating Officer seeks custody of the applicants for investigation, as according to him there is no other clue to show involvement of applicants. 4.

It is clear from the investigation papers that prima facie there is no material showing involvement of applicants in the present crime. In that view of the matter, applicants deserve protection.

5.

Therefore, both the applications are allowed by confirming the interim orders. Till filing of charge-sheet, applicants shall attend concerned police station as and when called by Investigating Officer and shall not tamper with prosecution evidence.

(NITIN B. SURYAWANSHI, J.) SVH