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Bombay High CourtAPPLN/4907/2024application allowed

Uttam Sitaram Thorat v. The State Of Maharashtra And Others

2024-12-16Hon'Ble Shri Justice Arun R. Pedneker3 pages

2024:BHC-AUG:29917 1 42

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 42 ANTICIPATORY BAIL APPLICATION NO. 2087 OF 2024 1.

Dropati W/o Baban Dunghav 2.

Pawan S/o Baban Dunghav 3.

Sheetal d/o Baban Dunghav 4.

Baban S/o Haribhau Dunghav .. Applicants

VERSUS

.

The State of Maharashtra and another .. Respondents ...

Advocate for Applicant : Mr. Pokale Dnyaneshwar Bhaurao APP for Respondent/State: Mr. A. A. A. Khan ...

WITH CRIMINAL APPLICATION NO. 4907 OF 2024 IN ABA/2087/2024 UTTAM SITARAM THORAT

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Thorat Nanabhau R. APP for Respondent/State: Mr. A. A. A. Khan ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 16th DECEMBER, 2024 PER COURT:

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

2 42 2] Criminal Application No.4907 of 2024 is partly allowed to the extent of assist to the public prosecutor. 3] The applicants are apprehending arrest in connection with Crime No.299 of 2024, dated 08.10.2024, registered at Neknoor Police Station, District Beed, for the offences punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023.

4] The learned counsel for the applicants, on instructions, seeks leave to withdraw the application qua applicants no.1 and 2. 5] Leave granted.

6] The learned counsel for the applicants submits that in the suicide note the name of applicants no.3 and 4 is not mentioned. 7] In view of the above, the application is allowed to the extent of applicants no.3 and 4 in the following terms : i] In the event applicants no.3 and 4 are arrested in connection with Crime No.299 of 2024, dated 08.10.2024, registered at Neknoor Police Station, District Beed, for the offences punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023, they shall be released on bail on furnishing PR bond of Rs.15,000/- each with one or two sureties in the like amount to the satisfaction of the trial Court. ii] Applicants No.3 and 4 shall attend the police station as and when required by the Investigating Officer.

3 42 iii] Applicants No.3 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] Applicants No.3 and 4 shall co-operate with the investigation and also in the proceedings before the trial Court. 8] In the event, Applicants No.3 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.] marathe