Shivam Prakash Gholap And Others v. The State Of Maharashtra

2025:BHC-AUG:1904 909-ABA-2121-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 2121 OF 2023 Shivam Prakash Gholap And Others

VERSUS

The State Of Maharashtra *** • Mr. N. S. Salunke, Advocate for the Applicants • Mrs. M. N. Ghanekar, APP for the Respondent/State • Mr. S. A. Kulkarni, Advocate for the Informant/Victim *** CORAM : R. M. JOSHI, J DATE : JANUARY 23, 2025 PER COURT :

1.

At the outset, learned Counsel for the Informant records no objection for granting anticipatory bail to the Applicants. He files affidavit of the Victim/Informant on record.

2.

Learned Counsel for Applicants submit that though offence under Section 307 of the Indian Penal Code is sought to be attracted to the Applicants, the same is not prima facie made out.

3.

Learned Counsel for Applicants and learned Counsel for Informant volunteers to pay Rs. 10,000/- (Rupees Ten Thousand Each).

Umesh

909-ABA-2121-2023.odt 4.

Learned APP opposed the application.

5.

Prima facie perusal of the police papers indicate that there is substance in the contention of the learned Counsel for the Applicants that offence under Section 307 IPC may not get attracted. In such circumstances, there is no impediment in permitting the compromise between the parties. Hence, application stands allowed by confirming interim order.

6.

The amount be deposited by both sides within a period of a week. On deposit of the said amount, amount of Rs. 10,000/- be credited to the High Court Bar Association, Bench at Aurangabad and Rs. 10,000/- be credited to the Government Cancer Hospital, Aurangabad. 7.

It is clarified that if the amount is not deposited within a stipulated period, this interim relief shall stands vacated and application shall stand dismissed without further reference to the Court. (R. M. JOSHI, J.) Umesh