Sachin Laxmanrao Deshmukh And Another v. The State Of Maharashtra And Another

2025:BHC-AUG:16542

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 ANTICIPATORY BAIL APPLICATION NO. 499 OF 2025 SACHIN LAXMANRAO DESHMUKH AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr. Akshay Kulkarni h/f Mr. A. A. Yadkikar, Advocate for the Applicants Mr. A. M. Phule, APP for the Respondent/State

CORAM

: ADVAIT M. SETHNA, J.

DATE : 27 JUNE 2025 P. C. :- 1.

Heard the learned Advocates for the parties.

2.

Attention of the Court is invited to an order dated 4 April 2025. As the said order protection was granted in favour of the Applicants in terms and conditions noted in paragraph No.8. The details with regard to the FIR and transactions have also been duly noted by the court in the said order. It is submitted across the bar that the Applicants were directed to co-operate with the investigation by producing all documents in their possession as demanded by the Investigating Officer. He would submit that such condition has been complied with. Mr. Phule, learned APP would not controvert such position. 3.

However, in the given facts where the Applicants have taken money from various persons with promise to employ them with MSEDCL

for the contract period. Mr. Phule would seriously oppose the grant of Anticipatory Bail Application stating that custodial interrogation of the Applicants in such facts and circumstances would be necessary. The allegations inter alia, of receipt of monies from the Informant/witnesses and non payment of salary to the Informant, also entails remedies under civil law, when the execution of agreement/contracts executed by the Applicants with MSEDCL to provide contractual employees is not dispute. Investigation has sufficiently progressed. The Applicants undertake to fully co-operate with the investigation. There is no breach and/or non compliance of conditions of the order dated 4 April 2025, reported by the prosecution, against the Applicants.

4.

Considering such situation the interim order dated 4 April 2025 is hereby confirmed. The above makes it evident that the Applicants have joined the investigation. Custodial interrogation is thus not warranted. A prima facie case to grant of anticipatory bail to the Applicants is made out. The following order in my opinion would meet the ends of justice.

ORDER

(i) In the event of arrest of the applicants in connection with C.R. No. 45/2025 registered with Chalisgaon Police Station, Dist. Jalgaon for the offences punishable under Sections 318(4), 3(5) of Bhartiya Nyaya Sanhita, 2023, the applicants are directed to be released on bail on their

furnishing PR bond in the sum of Rs. 20,000 (Rupees Twenty Thousand Only) each with one solvent sureties in the like amount.

(ii) The applicants shall cooperate with the investigation. They shall attend the concerned police station on 2nd and 4th Saturday at 11.30 am till filing of the charge-sheet. (iii) The applicants shall furnish details of residential address and other contact details such as mobile number etc. to the concerned police station. If there is any change in the contact details, the same shall be immediately informed to the concerned police station.

(iv) The applicants shall not leave the jurisdiction of the Court without prior permission of the Court.

(v) They shall not interfere with the evidence and shall not tamper prosecution witnesses in any manner whatsoever. 5.

Needless to mention that these are prima facie observations made in adjudicating this ABA.

6.

The ABA is allowed in above terms.

(ADVAIT M. SETHNA, J.) ssp