Laxman Rambhau Kadam And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:5181
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 53 ANTICIPATORY BAIL APPLICATION NO. 1780 OF 2024 1.
Laxman s/o Rambhau Kadam, 2.
Vishwambhar s/o Rambhau Kadam, 3.
Shahidas s/o Manik Salunke, 4.
Dipak s/o Navnath Kadam.
VERSUS
1.
The State Of Maharashtra, 2.
The Superintendent of Police, Beed.
...
Advocate for Applicants : Mr. Deshmukh Umakant B. APP for Respondents-State: Ms. A. S. Mantri Advocate for Assist to APP : Ms. K. S. Sarin ...
CORAM : ARUN R. PEDNEKER, J.
Dated : February 24, 2025.
PER COURT :- 1.
At the outset, the learned Counsel for the applicants seeks leave to withdraw the application in respect of applicant No.3. The application is dismissed in respect of respondent No.3.
2.
Heard learned counsel for the applicants No.1, 2 and 4, the learned APP for the respondent-State, and the learned Counsel for Assist to learned APP.
3.
The applicants No.1, 2 and 4 are apprehending arrest in connection with FIR No.271/2024, dated 25/08/2024, registered at Beed Rural Police Station, District Beed, for the offences punishable under sections 74, 118(1), 115(2), 189(2), 191(2), 190, 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023.
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53 ABA 1780-2024 4.
This Court, by order dated 18/10/2024, granted interim protection to applicants No.1, 2, and 4. This Court had noted that there were altercations between the parties and cross-FIRs were registered against each other for the said incident. The injury certificate indicates that the informant sustained simple injuries. The learned Counsel for the applicants submits that applicants No.1, 2, and 4 have attended the police station in pursuance of the order of this Court and have cooperated with the investigation.
5.
The learned APP and the learned Counsel assisting the learned APP submit that the applicants are threatening the informant and pray for vacating the interim protection and dismissal of the application in respect of applicant No.3.
6.
Considering the fact that cross-FIRs have been lodged by both parties, the existence of a dispute between them, and that applicants No.1, 2, and 4 have attended the police station and cooperated with the investigation, the interim protection granted to applicants No.1, 2, and 4 is confirmed.
7.
In view of the above, the application is allowed in the following terms : - i] In the event the applicants No.1, 2 and 4 are arrested in connection with FIR No.271/2024, dated 25/08/2024, registered at 2 of
53 ABA 1780-2024 Beed Rural Police Station, District Beed, for the offences punishable under sections 74, 118(1), 115(2), 189(2), 191(2), 190, 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023, they shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.
ii] The applicants No.1, 2 and 4 shall attend the police station as and when called by the police.
iii] The applicants No.1, 2 and 4 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.
iv] The applicants No.1 2 and 4 shall co-operate with the investigation and also in the proceedings before the trial Court. 8.
In the event, the applicants No.1, 2 and 4 violates any of the conditions specified in this order, it shall be liable to be cancelled. 9.
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. 10.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
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