Prakash Laxman Gaikwad And Another v. The State Of Maharashtra And Another

2024:BHC-AUG:2531 {1} 943-ABA-1937-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1937 OF 2023 Prakash Laxman Gaikwad And Another ....Applicants

VERSUS

The State Of Maharashtra And Another .....Respondents .....

Mr. S.E. Shekade, Advocate for Applicant.

Mr. N.B. Patil,APP for Respondents.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 6 th FEBRUARY, 2024 ORDER :

1.

Applicants apprehend arrest in C.R. No. 326/2023, registered with Mondha Police Station, Parbhani, for offence punishable under section 379 r/w. 34 of the Indian Penal Code. 2.

FIR is lodged by Akshay Dahale stating that on 10.09.2023, when he was near R.R. petrol pump to receive Pankaja Tai Mundhe, at that time, his 41⁄2 tola gold locket was snatched by some unknown persons.

3.

Heard learned advocate for applicants and learned APP for respondents. Perused the investigation papers. 4.

After arguing on merits at length, when this Court was not inclined to grant relief to applicant No. 1, learned Bhagyawant Punde

{2} 943-ABA-1937-2023 advocate for applicants on instructions seeks permission to withdraw application of applicant No. 1- Prakash Laxman Gaikwad. Permission granted. Application of Applicant No. 1Prakash Laxman Gaikwad is dismissed as withdrawn. 5.

So far as applicant No. 2 is concerned there does not appear any material to show his involvement in the alleged crime. Nothing is to be recovered from him, therefore, his pretrial custodial detention is not necessary in the facts of the present case. Application is therefore allowed by confirming the interim protection order dated 01.12.2023.

6.

Till filing of charge sheet, applicant shall attend the concerned police station as and when called by investigating officer and shall co-operate in the investigation. Applicant shall not tamper the prosecution evidence.

[NITIN B. SURYAWANSHI, J.] Bhagyawant Punde