Nagesh Arun Malawe And ORS v. The State Of Maharashtra

81-ABA-2351-2023 (CR).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2351 OF 2023 Nagesh Arun Malawe And Ors.

...Applicants

Versus

The State of Maharashtra

...Respondent

**** Mr. S.P. Rajepandhare for the Applicants.

Mr. R.M. Pethe, APP for Respondent/State.

Mr. Suhas Arun Malawe, complainant (through VC) present. **** CORAM :

M.M. SATHAYE, J.

DATE :

22nd JULY, 2025 SNEHA NITIN CHAVAN P.C. :

by SNEHA NITIN CHAVAN Date: 2025.07.23 10:33:57 +0530 1.

This is an application for pre-arrest bail in connection with C.R. No. 101 of 2023 registered with Pandharpur Police Station for offence punishable under Section 323, 324, 326 and 504 read with Section 34 of IPC.

2.

Heard learned Counsel for the Applicants who submits that the parties are close relatives and dispute is already settled. 3.

It is not in dispute that since 05.09.2023, the Applicants are protected by order of this Court for last about 2 years. It is already recorded in earlier order that the complainant is real brother of Applicant No.1 and uncle of Applicant No.3.

4.

It is informed that complainant Mr. Suhas Malawe who is Advocate himself is present through video conferencing. The Court has Sneha Chavan 1/2

81-ABA-2351-2023 (CR).doc asked the said complainant (appearing through video conferencing) whether the dispute between the parties is settled. The complainant has admitted / confirmed that the dispute between the parties is already settled and civil dispute is also compromised. 5.

Learned APP on instructions of the concerned officer, informs that there is no grievance about co-operation by the Applicants with the investigation.

6.

In the aforesaid facts and circumstances, when the dispute between the parties is settled, considering that the Applicants were protected from arrest for a long time since September 2023, case for grant of pre-arrest bail is made out.

7.

The anticipatory bail application is allowed in terms of order dated 05.09.2023.

8.

Learned Counsel for the Applicants is directed to place on record a self-attested copy of ID proof of the complainant, who has appeared through video conferencing.

9.

The Anticipatory Bail Application is disposed of in above terms.

(M.M. SATHAYE, J.) Sneha Chavan 2/2