Digvijaysing Virendra Deshmukh v. The State Of Maharashtra And Another

2024:BHC-AUG:27718 ABA 1369/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 965 ANTICIPATORY BAIL APPLICATION NO. 1369 OF 2024 WITH CRIMINAL APPLICATION NO. 3995 OF 2024 IN ABA/1369/2024 SHAIKH AKHIL SHAIKH AJIJ

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Ghanekar Nilesh S. APP for Respondents/State : Mr. S.P. Sonpawale Advocate for assisting APP : Mr. R.P. Mote ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : November 27, 2024 PER COURT :- 1.

Criminal Application No. 3995/2024 filed for assisting the learned APP is allowed. Mr. R.P. Mote, learned advocate is allowed to assist the learned APP.

2.

Heard learned counsel for the applicant, the learned APP for the respondents-State and Mr. R.P. Mote, learned advocate assisting APP. 3.

The applicant is apprehending arrest in connection with Crime No. 259/2024 dated 7.7.2024 registered at Pundliknagar Police Station, District Aurangabad for the offences punishable under sections 109 (1), 194(2), 189(2), 189(4), 191(2), 191(3), 190, 324 (3), 324 (6) of Bhartiya Nyaya Sanhita, sections 4 and 24 of Arms Act and section 135 of Maharashtra Police Act.

4.

Perused the police papers. Perusal of the F.I.R. prima facie shows that this is the case of rioting. No person has sustained injury in the incident. This Court vide order dated 12.8.2024 has granted interim protection to the

ABA 1369/24 applicant. The learned counsel for the applicant submits that the applicant is co-operating with the Investigating agency. This fact is not contraverted by the learned APP.

5.

In view of the above, the application is allowed and the interim protection granted by this Court vide order dated 12.8.2024 is confirmed on the following terms :

i] The applicant shall attend the police station as and when required.

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. 6.

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.

7.

The application stands disposed of.

( ARUN R. PEDNEKER, J. ) ssc/