Digambar Raghuram Abachane And Others v. The State Of Maharashtra

1 913-ABA-1384-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1384 OF 2022 DIGAMBAR RAGHURAM ABACHANE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Ganesh J. Kore, Advocate for Applicants Mr. S. P. Sonpawale, APP for Respondent - State ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 18th NOVEMBER, 2022 PER COURT :

1.

Applicants apprehend arrest in connection with Crime No.0412/2022, registered with Omarga Police Station, Osmanabad, for offence punishable under Sections 143, 147, 149, 427, 436 and 450 of the Indian Penal Code.

2.

Heard learned advocate for applicants and learned Additional Public Prosecutor for respondent - State. Perused the investigation papers.

3.

It appears from the FIR and investigation papers that on suspicion the applicants are named as accused in FIR. Witness who informed the informant about arson at her house has also named applicants on suspicion. There is no material on record to show involvement of applicants.

2 913-ABA-1384-22.odt 4.

Applicant No.1 has lodged FIR at C.R. No.395/2022, for offence punishable under Sections 143, 147, 148, 149 and 302 of the Indian Penal Code, against six accused persons. Two accused persons in the same are sons of informant in the FIR in question. False implication of applicants, therefore, cannot be ruled out. 5.

Taking into consideration attending circumstances and record, applicants deserve protection. Application is, therefore, allowed by confirming the interim order passed by this Court on 13/10/2022. Till filing of charge-sheet, applicants shall attend concerned police station as and when called by Investigating Officer. Applicants shall not tamper with the prosecution evidence. (NITIN B. SURYAWANSHI, J.) SVH