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Bombay High CourtABA/629/2025application allowed

Shekh Juber Shekanur v. The State Of Maharashtra

2025-06-26Hon'Ble Shri Justice Advait Mahendra Sethna3 pages

2025:BHC-AUG:16402

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 ANTICIPATORY BAIL APPLICATION NO. 629 OF 2025 SHEKH JUBER SHEKANUR

VERSUS

THE STATE OF MAHARASHTRA Mr. K. S. Solanke, Advocate for the Applicant Mr. A. V. Lavte, APP for the Respondent/State

CORAM

: ADVAIT M. SETHNA, J.

DATE : 26 JUNE 2025 P. C. :- 1.

Heard learned Advocates for the parties.

2.

The proceedings relate to Crime No. 0530/2024 registered by Ghansawangi Police Station, District Jalna. The FIR has been lodged on 13 December 2024 at 21.47 hours. The occurrence of the offence is stated to be between 2 December 2024 to 12 December 2024. The information received at the said Police Station was on 13 December 2024 at 21.37 hours. The Informant in the present proceedings is one Ravindra Babasaheb Bade (age 27 years).

3.

At the outset the Court's attention is drawn to an order dated 28 April 2025 by which the interim protection was granted to the Applicant which has been subsequently extended from time to time. The allegations against the Applicant primarily the purchased of stolen

property i.e. cable wires of solar panel projects. On hearing the learned Advocates for the parties it so appears that one of the co-accused persons in the present proceedings has named the present Applicant in the alleged crime, and that is how the present Applicant is roped in these proceedings. However, even subsequent to the filing of the FIR, there is nothing placed on record to show his alleged role or connection of this Applicant with the crime in question. There are reportedly no criminal antecedents against the Applicant. The Applicant is a labourer. The investigation is on going. The Applicant undertakes to fully co-operate with the investigation. In such facts and circumstances, custodial interrogation of the Applicant is not required. Except Section 303(2) which is prima facie not applicable to the Applicant, the offences under other provisions in the FIR are bailable.

4.

For the reasons as recorded above, the Anticipatory Bail Application is allowed in following terms.

ORDER

(i) In the event of arrest of the applicant in connection with C.R. No. 530/2024 registered with Ghansawangi Police Station, Dist. Jalna for the offences punishable under Sections 303(2), 324(4), 324(5) of the Bhartiya Nyaya Sanhita, the applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs. 20,000 (Rupees Twenty Thousand Only) with one solvent sureties in the like amount.

(ii) The applicant shall cooperate with the investigation. He shall

attend the concerned police station on every Monday at 11.30 am untill filing of the charge-sheet.

(iii) The applicant 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 applicant shall not leave the jurisdiction of the Court without prior permission of the Court.

(v) He 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