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Bombay High CourtABA/2975/2024disposed off

Sardar Joti Nigade v. The State Of Maharashtra

2024-10-29Hon'Ble Shri Justice N. R. Borkar3 pages

Digitally signed by ANANT KRISHNA NAIK Date:

2024.10.29 19:44:10 +0530 ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2975 OF 2024 Sardar Joti Nigade ...Applicant

Versus

The State Of Maharashtra

...Respondent

**** Mr. Ashok B Tajane a/w. Mr. Yuvraj A. Tajane for the Applicant. Ms. Rashmi S. Tendulkar, APP for the Respondent - State **** CORAM :

M. M. SATHAYE, J.

DATED :

29 OCTOBER 2024 (Vacation Court) P.C.:

1.

Heard learned Counsel for the Applicant and learned APP for the Respondent-State.

2.

This is an Application for pre-arrest bail in connection with the Crime No. 742 of 2024 registered with Sadar Bazar Police Station, Solapur for the offence punishable u/s. 126(2), 132, 324(4) of the Bharatiya Nyaya Sanhita, 2023.

3.

Perused the FIR dated 21/09/2024 filed by the ComplainantRavindra Prabhudas Rai. 4.

Learned Counsel for the Applicant invited this Court's attention to the order dated 27/09/2024 by which the Applicant was protected by the ad-interim order by the Additional Sessions Judge, Solapur. 1/3

Ultimately by the order dated 18/10/2024, the learned Additional Sessions Judge, Solapur has rejected the pre-arrest bail application of the Applicant, merely holding that the allegations against the Applicants are very serious and that the Applicant directed / provoked loco pilots to stop the railway traffic, which caused blocking of railways and loss to the Railway Department.

5.

Considering that the Applicant was protected during the pendency of the Bail Application before the Sessions Court, who has approached this Court immediately, and considering the submissions that the Applicant is ready to abide by the conditions as may be imposed by the Court, following ad-interim order is passed : (a) In the event of arrest of the Applicant - Sardar Joti Nigade, in connection with the Crime No. 742 of 2024 registered with Sadar Bazar Police Station, Solapur, he be released on bail on execution of P.R. Bond Rs.15,000/- along with one or more surety in the like amount.

(b) The Applicant is directed not to tamper with the prosecution evidence and not to influence the witnesses involved.

(c) The Applicant is directed to co-operate with the investigation and also directed to report to the concerned police station, as and when called. 6.

Place the above matter before the regular Court on 25/11/2024 2/3

for further hearing.

7.

of this order.

(M. M. SATHAYE, J.) 3/3