Akash Bhagwan Ghadge v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1636 OF 2024 Akash Bhagwan Ghadge ...
Applicant
Versus
The State of Maharashtra ...
Respondent ****** Mr. Vikran V. Phatate for the Applicant.
Mr. Bapu V. Holambe-Patil, APP for Respondent-State. ****** CORAM: MANISH PITALE, J.
DATE : 24th JUNE 2024 P.C. :
.
Heard learned counsel for the applicant and learned APP for respondent-State.
2.
At the outset, the learned counsel appearing for the applicant invites attention of this Court to order dated 18th June 2024 passed in Anticipatory Bail Application No. 1521 of 2024 (Somanth Arun Londhe v/s. The State of Maharashtra), being an application filed by the co-accused person, wherein interim relief is granted in favour of the said co-accused. It is submitted that in the said case there were allegations against the applicant that he was a driver of the vehicle involved in the incident concerning illegally transporting sand. It is submitted that in the present case, the applicant is not even named in the FIR and hence, this Court may consider granting urgent interim relief.
3.
The learned APP does concede to the fact that the applicant's name is not specifically stated in the FIR, although, it was recorded that there were about 8 to 10 persons along with the co-accused present at the time of the incident. It is submitted that the applicant before this Court was one of the persons who pelted stones at the officials who reached the spot where the sand was being illegally excavated.
4.
Considering the fact that the applicant has not been specifically named in the FIR and in the light of the fact that coaccused persons have been granted interim relief, the applicant has made out a case for grant of interim relief and posting the application along with the connected applications on the next date for hearing.
5.
In view of the above, interim relief is granted on the following terms :
(a) Till the next date, in the event the applicant is arrested in connection with FIR No. 0122 of 2024 dated 25th February 2024 registered at Pandharpur Taluka Police Station, District Solapur Rural, for offences under Sections 353, 504, 506, 379, 143, 147 and 149 of Indian Penal Code, 1860, Sections 4 and 25 of Arms Act, 1959 alongwith Sections 3 and 7 of the Prevention of Damage
to Public Property Act, 1984, he shall be released on bail on furnishing PR Bond of Rs.25,000/- and one surety in the like amount.
(b) The applicant shall remain present before the Investigating Officer on 27th June 2024 and thereafter, as and when the Investigating Officer calls upon him to remain present. The applicant shall cooperate with the investigation and also in the proceedings before the trial Court.
(c) The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.
6.
List this application along with Anticipatory Bail Applications No. 1433 of 2024 and 1521 of 2024 on 3rd July 2024.
MANISH PITALE, J.
BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.06.24 19:36:45 +0530