Sarjerao Natha Jadhav And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:9234
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 954 ANTICIPATORY BAIL APPLICATION NO. 1742 OF 2024
1. Sarjerao Natha Jadhav
2. Rajendra Vitthal Jadhav
3. Vishnu Gangaram Jadhav
4. Shivaji Kundlik Munjal
5. Ayodhya Shivaji Munjal
6. Jayshree Tanaji Munjal
7. Narayan Kundlikrao Munjal
8. Bhagyashree Rajendra Jadhav
9. Saraswati Sanju Jadhav
10. Ganesh Vitthal Jadhav
11. Ramesh Vitthal Jadhav
12. Vandana Ramesh Jadhav
13. Anita Ganesh Jadhav
14. Meera Santosh Jadhav
15. Kailas Gajanan Jadhav
16. Sangeeta Shivaji Jadhav
17. Gajanan Kanhelal Jadhav
VERSUS
The State of Maharashtra and another ...
Advocate for Applicants : Mr. P. P. More APP for Respondent/State: Mr. B. B Bhise ...
...
CORAM : ARUN R. PEDNEKER, J.
DATE : 27.03.2025 P.C. :
1] Heard learned counsel for the applicants and the learned APP for the respondent-State.
2] The applicants are apprehending arrest in connection with Crime No.426/2024, registered at Ambad Police Station, District Jalna, for the offences punishable under Sections 49, 352, 351(2), 190, 191(2), 191(3), 189(2), 118(2), 118(1), 115(2) of the Bharatiya Nyaya Sanhita, 2023.
3] The learned counsel for the applicants seeks leave to withdraw the application qua applicants no.4, 9, 10, 17.
4] Leave granted. The application is dismissed as withdrawn qua applicants no.4, 9, 10, 17.
5] The learned APP has vehemently argued the matter and submits that the application against applicant
no.1 may also be dismissed. It is stated that he is the master mind. It is also stated that the incident has happened at the instance of applicant no.1.
6] However, considering that the large number of accused are involved, so also, that the same is based on suspicion, this court has granted interim protection to applicant no.1 also by order dated 14.10.2024, which can be confirmed now.
As regards the other applicants are concerned, since, the allegations are made against large number of accused and this court by order dated 14.10.2024 granted interim protection to the applicants and, thereafter, the applicants have cooperated with the investigation, this court would be inclined to confirm the interim protection granted earlier.
7] The learned APP submits that, although, in the order dated 14.10.2024, it is submitted that the injury was only single fracture rather injuries are multiple and on two persons the injuries are grievous in nature and not simple as stated earlier.
8] In the instant case having noticed that the FIR is registered after delay of seven days, so also, considering that there is rivalry between the parties on account of dispute over the property and, also, as there is implication
of large number of accused, it would be difficult to attribute the individual role, as such, the interim protection granted earlier can be confirmed.
9] In view of the above, the interim protection granted by order dated 14.10.2024 qua applicants no.1, 2, 3, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16 stands confirmed, on the following terms:
i] Applicants No.1, 2, 3, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16 shall attend the police station as and when required by the Investigating Officer.
ii] Applicants No.1, 2, 3, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16 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] Applicants No.1, 2, 3, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16 shall co-operate with the investigation and also in the proceedings before the trial Court.
iv] Applicants No.1, 2, 3, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16 shall not involve in the similar offences with the informant or his family members.
10] In the event, Applicants No.1, 2, 3, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16 violate any of the conditions specified in this order, it shall be liable to be cancelled. 11] 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.
12] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE marathe