Dr. Mukul S/O Waman Mawale v. The State Of Maharashtra, Thr. Pso, Hinganghat, Tq. Hinganghat, Dist. Wardha

2025:BHC-NAG:5256

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 265 OF 2025 Dr. Mukul s/o Waman Mawale Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms Shaad Firdos Mirza, counsel for applicant. Ms. T.H.Udeshi, APP for non-applicant/State.

Mr. Chaitanya Kulkarni, counsel for Assist to Prosecution. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 08/05/2025.

1.

Apprehending the arrest at the hands of police in connection with Crime No.421/2025 registered with Police Station Hinganghat, District Wardha for the offence punishable under Sections 115(2), 121(1), 126(2), 132, 189(2), 190, 191(2), 296 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, the applicant approached to this Court for grant of anticipatory bail.

2.

The crime is registered on the basis of a report lodged by Avinash Dnyaneshwar Suradkar, who is the branch manager of the Bank of Maharashtra. It is alleged that the co-accused has obtained the loan against the property, i.e. Survey Nos. 95/2, 52/3 and 53/1. However, the amount of the loan was not repaid, and therefore, the civil suit was filed, which was decreed. In the execution petition, the Court has directed and executed the possession warrant, therefore, the informant and the other bank officers had been to the agricultural field which was

mortgaged. At that time, they were restrained, and they were assaulted by fist and kick blows.

3.

Learned counsel for the applicant submitted that as far as the present applicant is concerned, except the name mentioned, no specific role is attributed to him. In view of that, he be protected by granting anticipatory bail. 4.

Learned APP for State and learned counsel (Assist to Prosecution) have strongly opposed the application and submitted that, considering the allegations levelled against the present applicant and other co-accused, they have interfered in the execution of the proceedings for him, in view of that, the application deserves to be rejected. 5.

On hearing both sides and perusing the investigation papers, it reveals that general allegations are levelled against the present applicant, in view of that, interim protection granted to the present applicant deserves to be confirmed. Accordingly, I proceed to pass following order:

ORDER

a] The criminal application is allowed.

b] The interim protection granted to the present applicant by order dated 22/04/2025 is hereby confirmed on the condition that applicant shall attend the concerned police station once in a week on every Monday between 10.00 a.m. to 01.00 p.m. and shall cooperate with the investigating agency.

c] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

Criminal application is disposed of accordingly.

[URMILA JOSHI-PHALKE, J.]