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Bombay High CourtAPPLN/4113/2024disposed off

Nimra Trading Corporation Prop. Mohd. Rafeeque v. The State Of Maharashtra And Another

2025-01-20Hon'Ble Shri Justice Arun R. Pedneker4 pages

2025:BHC-AUG:1603

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 31 ANTICIPATORY BAIL APPLN. NO. 1205 OF 2024 MOHAMMAD AFSAR MOHAMMAD IQBAL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr.Mayur M. Subhedar APP for Respondent-State : Mr.B.B.Bhise Advocate for the Assist to P.P. : Mr.G.J.Karne ...

WITH ANTICIPATORY BAIL APPLN NO. 1277 OF 2024 MOHAMMAD YUSUF S/O. MOHAMMAD AFSAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr.Mayur M. Subhedar APP for Respondent-State : Mr.B.B.Bhise Advocate for the Assist to P.P. : Mr.G.J.Karne ...

WITH CRIMINAL APPLICATION NO. 4112 OF 2024 IN ABA/1277/2024 WITH CRIMINAL APPLICATION NO. 4113 OF 2024 IN ABA/1205/2024 ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 20.01.2025

P.C. :

1] Heard. For the reasons stated in Criminal Application No.4112/2024 and 4113/2024 for assisting to the P.P., the same are allowed. Criminal Applications are disposed of accordingly.

2] Heard learned counsel for the applicants in ABA Nos.1205/2024 and 1277/2024, learned counsel for the assist to P.P. and the learned APP for the respondent-State. 3] The applicants are apprehending arrest in connection with FIR No. 347/2024, registered at Nanalpeth Police Station, District Parbhani, for the offences punishable under sections 406 r/w. 34 of the IPC.

4] The learned counsel for the applicants submits that this Court, by order dated 18.07.2024 in ABA No.1205/2024 and order dated 05.08.2024 in ABA No.1277/2024, has granted interim protection in favour of the applicants and the applicants have attended the concerned police station and have co-operated with the investigation. The learned counsel for the applicants submits that they have settled the dispute with the original complainant.

5] The learned counsel for the informant has not disputed the aforesaid fact.

6] Considering that in terms of order dated 18.07.2024 and 05.08.2024, the applicants have attended the concerned police station and have co-operated with the investigation, so also, the parties have settled their dispute, the interim protection granted by this Court by order dated 18.07.2024 and 05.08.2024 stands confirmed, on the following terms :

i] The applicants shall attend the concerned police station as and when called by the investigating officer. ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

iii] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.

7] In the event, the applicants violate 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 applications and the trial Court shall

proceed further in the matter without being influenced by the observations made hereinabove.

9] The applications stand disposed of.

[ARUN R. PEDNEKER] JUDGE DDC