Amar Waman Utale v. State Of Maharashtra

512-ABA-3561-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3561 OF 2024 Amar Waman Utale ...Applicant

Versus

State of Maharahstra (To be served through P.I.

Junnar Police Station)

...Respondent

SHRADDHA KAMLESH TALEKAR SHRADDHA KAMLESH TALEKAR Date: 2024.12.24 20:29:15 +0530 Mr. Shailesh Chavan a/w. Rohan Hogle and Mr. Vishwas Daunkar, Advocate for Applicant.

Smt. Prajakta Shinde, APP for Respondent-State. CORAM: SOMASEKHAR SUNDARESAN, J.

Date : December 24, 2024 (Vacation Court) P. C.

1.

The Learned Counsel for the Applicant seeks protection from apprehended arrest in connection with C.R. No. 405 of 2024 dated November 11, 2024, for the alleged commission of offences punishable under Sections 352, 351(2), 3(5) and 118(1) of the Bharatiya Nyaya Sanhita, 2023 ("BNS, 2023") registered with Junnar Police Station. 2.

The case appears to be a dispute between two siblings, which led to the Applicant using a wooden stick lying around, to hit the Complainant at the December 24, 2024 Shraddha

512-ABA-3561-2024.doc wrist, which led to a fracture. It is also submitted that being a sudden fight between two siblings, the victim and the accused have patched up. 3.

In these circumstances, a prima facie case has been made out for grant of interim protection from arrest until the Regular Bench can finally disposed of the Application. In these circumstances, no steps towards arresting the Applicant may be taken until January 15, 2025, on which date, the Regular Bench shall consider the application.

4.

As and when the Applicant is required for any enquiries by the relevant police station, he shall make himself available. 5.

All actions required to be taken pursuant to this order, shall be taken upon receipt of a downloaded copy as available on this Court's website. [ SOMASEKHAR SUNDARESAN, J.] December 24, 2024 Shraddha