Tanaji Baijirao Khomane v. The State Of Maharashtra And Another
2025:BHC-AUG:13261
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 60 ANTICIPATORY BAIL APPLICATION NO. 538 OF 2025 TANAJI BAIJIRAO KHOMANE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. Rahul R. Karpe APP for Respondent/State: Mr. A. A. A. Khan ...
...
CORAM : ARUN R. PEDNEKER, J.
DATE : 05.05.2025 P.C. :
1] Heard learned counsel for the applicant and the learned APP for the respondent-State.
2] The applicant is apprehending arrest in connection with Crime No.0623/2024, registered at Karjat Police Station, Karjat, District Ahmednagar, for the offences punishable under Sections 189(2), 191(2), 191(3), 190, 118(2), 118(1), 308(2), 115(2), 119(1), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023.
3] This court by order dated 21.04.2025 granted interim protection to the applicant noticing submissions at paragraphs no.3 and 4, as under:
"3] The learned counsel for the applicant relies upon the order dated 31.01.2025, passed in
ABA/1983/2024 along with connected matters.
He submits that as regards the assault on the informant is concerned, the role of the present applicant is identical to the other co-accused. However, the learned counsel for the applicant submits that the additional allegation against the present applicant is that he has taken Rs.35,000/- from the counter of the shop. He submits that such an allegation is only made so as to make the offence more grievous in nature and that the applicant has not taken the money. 4] The learned APP submits that Rs.35,000/- is to be recovered from the present applicant."
4] The learned counsel for the applicant submits that the similarly placed co-accused in ABA/1983/2024 along with connected matters has been granted anticipatory bail.
5] The learned counsel for the applicant further submits that the applicant has attended the concerned police station and cooperated with the investigation. No further adverse material is found against the applicant. Considering the same, interim protection granted earlier can be confirmed.
6] In view of the above, the interim protection granted by order dated 21.04.2025 stands confirmed, on the following terms:
i] The applicant shall attend the police station as and when required by the Investigating Officer. ii] 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.
iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.
7] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.
8] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.
9] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE marathe