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Bombay High CourtABA/2038/2024disposed off

Prashant Prakash Magre And Others v. The State Of Maharashtra And Another

2025-01-30Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:2580

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 ANTICIPATORY BAIL APPLICATION NO. 2038 OF 2024 1] PRASHANT PRAKASH MAGRE 2] OMSING DEVSINGH GHUSINGE 3] DATTA LAKSHMAN YAKHANDE 4] YOGESH DEVSINGH GHUSINGE

VERSUS

THE STATE OF MAHARASHTRA & ANOTHER ...

Advocate for Applicant : Mr.S.D.Gawate APP for Respondent-State : Ms.Neha B.Kamble ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 30.01.2025 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.453/2024, registered with Badnapur Police Station for the offence punishable under Section 121 (1), 121 (2), 126 (2), 132, 3 (5), 303 (2), 351 and 352 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Mines and Minerals Regulation and Development Act, 1957.

3] The learned counsel for the applicants submits that this Court, by order dated 11.12.2024, has granted

interim protection in favour of the applicants for the reasons stated in the said order. In terms of the said order, the applicants have attended the concerned police station and have co-operated with the investigation.

4] The learned APP submits that the applicants have remained present before the police station as directed by this Court.

5] Considering the conspectus of the case, custodial interrogation of the applicants is not required. In view of the same, the interim protection granted by this Court by order dated 11.12.2024 stands confirmed, in the following terms :

i] The applicants shall attend the concerned 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.

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

6] In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled.

7] 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.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE DDC