Shamrao Sarjerao Adsul v. Vishal Jalindhar Aadsul And Others

1 1001

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1001 ANTICIPATORY BAIL APPLICATION NO. 2093 OF 2024

1. RAVI @ RAVINDRA BANSI KOLHE

2. PRAKASH BHANUDAS KHANDAGALE Advocate for Applicant : Mr. Gore Ravindra Vitthal APP for Respondent/State: Mrs. M. L. Sangit Advocate for Assist to PP : Mr. G. J. Pahilwan ANTICIPATORY BAIL APPLICATION NO. 1967 OF 2024

1. VISHAL JALINDHAR AADSUL

2. SURAJ JALINDHAR AADSUL

3. ROHAN SUBHASH AADSUL

4. VILAS KERUBA AADSULE Advocate for Applicant : Mr. Gore Ravindra Vitthal APP for Respondent/State: Mrs. M. L. Sangit CRIMINAL APPLICATION NO. 4583 OF 2024 ABA/1967/2024 SHAMRAO SARJERAO ADSUL VISHAL JALINDHAR AADSUL AND OTHERS Advocate for Applicant : Mr. Pahilwan Gautam J APP for Respondent/State: Mrs. M. L. Sangit

2 1001 ANTICIPATORY BAIL APPLICATION NO. 2022 OF 2024

1. KALYAN RAMRAO ADSUL

2. SARANG @ SARANGDHAR BABURAO ADSUL

3. NILESH @ SANTOSH S/O. SARANG @ SARANGDHAR ADSUL

4. PRATHAMESH VIDYADHAR BORDE

5. SHAMRAV SARJERAO ADSUL

6. POPAT SARJERAO ADSUL Advocate for Applicant : Mr. Pahilwan Gautam J. APP for Respondent/State: Mrs. M. L. Sangit CRIMINAL APPLICATION NO. 5002 OF 2024 ABA/2022/2024 APP for Respondent/State: Mrs. M. L. Sangit ANTICIPATORY BAIL APPLICATION NO. 2092 OF 2024 CHANDRAKANT @ MANOJ DEORAO SASANE Advocate for Applicant : Mr. Gore Ravindra Vitthal APP for Respondent/State: Mrs. M. L. Sangit Advocate for Assist to PP : Mr. G. J. Pahilwan

3 1001 AND 1003 ANTICIPATORY BAIL APPLICATION NO. 2116 OF 2024

1. PRAKASH @ DATTA SHESHERAO ADSUL

2. SANDIP SHESHERAO ADSUL Advocate for Applicant : Mr. Pahilwan Gautam J APP for Respondent/State: Mr. S. K. Shirse CRIMINAL APPLICATION NO. 5000 OF 2024 ABA/2116/2024 APP for Respondent/State: Mr. S. K. Shirse ANTICIPATORY BAIL APPLICATION NO. 2117 OF 2024

1. SOMNATH SHAMRAO ADSUL

2. AKASH POPAT ADSUL Advocate for Applicant : Mr. Pahilwan Gautam J APP for Respondent/State: Mr. S. K. Shirse CRIMINAL APPLICATION NO. 5001 OF 2024 ABA/2117/2024

4 1001 APP for Respondent/State: Mr. S. K. Shirse CORAM : ARUN R. PEDNEKER, J.

DATE : 17th DECEMBER, 2024 PER COURT:

1] The applications for assist to public prosecutor are allowed.

2] Heard learned counsel for the applicants and the learned APP for the respondent-State.

3] The applicants in respective applications are apprehending arrest in connection with Crime No.0420 of 2024, dated 02.11.2024, registered at Paithan Police Station, District Aurangabad, for the offences punishable under Sections 109, 333, 115(2), 118(1), 189(2), 189, 190, 191(2), 191(3), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023 & Crime No.0423 of 2024, dated 02.11.2024, registered at Paithan Police Station, District Aurangabad, for the offences punishable under Sections 109, 115(2), 118(1), 189(2), 189(4), 190, 191(2), 191(3), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 respectively.

4] The cross-FIRs are filed in Crime No.0420 of 2024 - 9 accused, whereas in Crime No.0423 of 2024 - 10 accused and the parties

5 1001 are neighbours, so also, relatives. This court by interim orders has protected the respective applicants. Considering the fight between 2 groups who are neighbours who are also relatives resulting in cross-FIRs and the injuries are sustained by both the groups and most of the injuries are simple in nature. However, there are two serious injuries but they are on the hand of the injured. Considering that they are family members and the fight is between 2 groups and there is no specific role attributed to single individual, as such, all the accused are attributed common note. The roles of all the accused is taken as common and the interim protection granted earlier would stands confirmed on following conditions.

5] The applicants have undertaken before this court that there would be no fight between them and they would maintain peace and, if, there is fight between the parties and FIR is registered, the protection granted by this court would stand withdrawn.

6] In view of the above, the interim protection granted earlier by orders dated 22.11.2024, 28.11.2024, 10.12.2024, 11.12.2024 in respective matters, stands confirmed, on the following terms: i] The applicants shall attend the police station as and when required 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.

6 1001 iii] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court. 7] In the event, the applicants 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 applications stand disposed of.

[ARUN R. PEDNEKER, J.] marathe