Prashant Balbhim Pathare v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 ANTICIPATORY BAIL APPLICATION NO. 466 OF 2025 PRASHANT BALBHIM PATHARE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Sachin Subhash Panale APP for Respondent/State: Mr. G. O. Wattamwar ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 02.04.2025 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant has approached this Court apprehending arrest in connection with Crime No.202/2025, registered with Shrigonda Police Station, District Ahilyanagar, for the offences punishable under Sections 336(3), 3(5) of the B.N.S.; Section 14 of Foreigners Act, 1946; Sections 3(a), 6(a) of The Passport (Entry into India) Rules, 1950, Section 3(1) of Foreigners Order, 1948.

3] The learned counsel for the applicant submits that the applicant is a student aged 21 years pursuing his engineering course. The father of the applicant died in the

year 2017. Thereafter, he with the aid of the Manager has been running the hotel. It is the Manager of the hotel, who is involved in the day to day business of the hotel. The customers of the hotel had government documents i.e. Aadhaar Cards and PAN cards and, thus, the manager possibly has no occasion to doubt the same and has given the accommodation to the foreigners, who were not holding valid identity cards and the Manager possibly has believed them to be Indians on the basis of the Aadhaar Card and PAN card. The learned counsel further submits that the applicant has absolutely no role in preparation of the fabricated documents in favour of the concerned persons.

4] Considering the above submissions, until the learned APP is heard in the matter on the next date, interim protection can be granted.

5] In the meanwhile, there shall be interim order in the following terms :- A] Till the next date, in the event the applicant is arrested in connection with Crime No.202/2025, registered with Shrigonda Police Station, District Ahilyanagar, for the offences punishable under Sections 336(3), 3(5) of the B.N.S.; Section 14 of Foreigners Act, 1946; Sections 3(a), 6(a) of The Passport (Entry into India) Rules, 1950, Section 3(1)

of Foreigners Order, 1948, he shall be released on bail on furnishing PR bond of Rs.15,000/- with one or two sureties in the like amount.

B] The applicant shall remain present before the investigating officer as and when required by the investigating officer.

C] The applicant shall co-operate with the investigation, including producing all documents in his possession, as may be demanded by the investigating officer.

D] The applicant shall not influence the informant, witnesses or any person concerned with the case and he shall not tamper with the evidence.

6] Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled. 7] List on 21.04.2025.

[ARUN R. PEDNEKER] JUDGE marathe