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Bombay High CourtABA/1337/2025application allowed

Pandit Vasaram Rathod v. The State Of Maharashtra And Another

2025-08-04Hon'Ble Shri Justice Mehroz K. Pathan4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 10 ANTICIPATORY BAIL APPLICATION NO. 1336 OF 2025 OMKAR SUDAM JADHAV

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER WITH ANTICIPATORY BAIL APPLICATION NO. 1337 OF 2025 PANDIT VASARAM RATHOD

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr.B.G.Londhe, Advocate for the Applicants.

Mr.R.S.Wani, APP for the Respondent/State.

( CORAM : ADVAIT M. SETHNA, J. ) DATE : 04 AUGUST 2025 P. C. :

1.

The matter is listed for the first time today. 2.

Heard the learned Advocate for the Applicants and the learned APP for the Respondent State. Issue Notice to the Respondents, returnable on 12 August 2025. Mr. Wani, learned APP waives service for the State.

3.

It appears that Accused No.1, Applicant No.1 before this Court are disabled persons. The allegations against accused Nos. 1 and

- 2 - 2 in the FIR i.e. the Applicants before the Court are primarily that there is necessity to investigate the documents in respect of the motor accident cases. Concerning these Applicants in as much as the FIR reveals that the Applicant /Accused has lodged false report and on that basis, false insurance claim for the purpose of claiming compensation of Rs.8,00,000/- as claimed by Applicant No.2 However, the fact of the matter is that the proceedings are pending in the M.A.C.T. As far as the role attributed to these Applicants is concerned, prima facie it appears that it hinges on documentary evidence, which is also a part of the proceedings before the M.A.C.T.

4.

The Applicants do not have any criminal antecedents as informed by the learned Advocate for the Applicants on instructions. It is pertinent to note that the occurrence of the offence in the FIR is shown on 1 February 2022, whereas the FIR has been lodged on 4 June 2025 by the Jintur Police Station, Dist. Parbhani, alleging offences u/s 420, 182, 34 of the IPC. Such inordinate delay of about 3 years is not explained. Also, the FIR bearing Crime No.38/2022 was lodged by Accused No.1 on 1 February 2022 after which the present FIR No.0299/025 came to be registered with the intent to deprive the legitimate claim of Applicants, as claimed by them. For such reasons,

- 3 - prima facie, the Applicants deserve to be protected by passing the following order.

ORDER

(i) Until the adjourned date of hearing, in the event of arrest of the Applicant Nos. 1 and 2 in connection with CR No.0299 of 2025 registered with Jintur Police Station, Dist.Parbhani for the offences punishable under Sections 420, 182, 34 of the IPC, 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 or more sureties in the like amount.

(ii) The said two Applicants shall cooperate with the investigation and shall attend the concerned police station on every Monday at 11:30 a.m., until further orders.

(iii) The said two 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 intimated to the concerned police station. (iv) The said two Applicants shall not leave the jurisdiction of the Court without prior permission/order of the Court, until further orders.

(v) The said two Applicants shall not influence the witness/es and/or tamper evidence in any manner whatsoever.

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List the proceedings for further consideration on 25 August 2025.

6.

The protection granted to the Applicants shall continue until the adjourned date of hearing.

( ADVAIT M. SETHNA, J.)