Asif Mushtak Shaikh v. The State Of Maharashtra

2025:BHC-AUG:6276

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 950 ANTICIPATORY BAIL APPLN. NO.1527 OF 2023 ASIF MUSHTAK SHAIKH

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr.Pavan M. Salunke APP for Respondent-State : Mr.N.B.Patil ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 04.03.2025 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 Crime No. I-331/2023, registered with Shrirampur Taluka Police Station, Shrirampur, District Ahmednagar, for the offence punishable under Sections 307, 379, 353, 147, 148, 149 of IPC and under Section 48

(7) and 48 (8) of the Maharashtra Land Revenue Code, 1966 and under Section 3 and 15 of the Protection of Environment Act, 1986.

3] This Court, by order dated 15.09.2023, has granted interim protection in favour of the applicant for the submissions stated in para no.3, as noted below :

3.

Learned counsel for the applicant, on instructions, states that applicant is not the owner of any vehicle involved in the present crime. He submits that similarly placed accused is granted interim protection by this Court in Anticipatory Bail Application No.1407/2023. In view of this fact, liberty of the applicant is protected till prosecution is heard in the matter..

4] The learned counsel for the applicant submits that the applicant has attended the concerned police station and has co-operated with the investigation. He further submits that the charge sheet is filed in the matter. 5] Mr.R.V.Shinde, Police Sub Inspector of Shrirampur Taluka Police Station, Shrirampur is present in the Court and he confirms filing of the charge sheet in the matter.

6] Considering the role of the applicant in the alleged offence and charge sheet having been filed in the matter, further interrogation of the applicant would not be necessary. In view of the same, the interim protection granted by order dated 15.09.2023 stands confirmed, in the following terms :

i] The applicant shall attend the concerned police station as and when required by the investigating officer.

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.

7] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

8] 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.

9] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE DDC