Pandurang Revappa @ Baburao Paralkar v. State Of Maharashtra
2025:BHC-NAG:795
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO. 11 OF 2025 Gopal Manoj Ingole Vs.
State of Maharashtra thr. PSO, PS Malegaon Dist. Washim _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr R.S. Kurekar, Advocate for the applicant.
Mr N.R. Rode, APP for the State CORAM : G.A. SANAP, J.
DATE : 31.01.2025 1.
Heard.
2.
This is application for anticipatory bail made by the applicant/accused in Crime bearing No. 573 of 2024 registered at Malegao Police Station District Washim for the offences punishable under Sections 115(2) and 118(1) of the Bhartiya Nyaya Sanhita, 2023. 3.
Learned Advocate for the applicant/accused would submit that the weapon alleged to have been used in the commission of crime has been recovered. The accused has attended the police station and extended the fullest cooperation to police in terms of the order dated 07.01.2025. It is submitted that, therefore, ad-interim protection from arrest granted to the applicant be confirmed.
4.
Learned APP would submit that the investigation is in progress. However, learned APP would concede that the knife has been recovered. It is submitted that if the protection is granted to the accused from arrest, then he will pressurize the witnesses or tamper with the prosecution evidence.
5.
I have gone through the application and case diary. It is the case of prosecution that the accused has voluntarily caused grievous hurt to the injured by danger weapon, i.e. knife. The informant is the friend of the injured. The injured has been discharged from the hospital long back. The accused and the injured are the residents of the same village. The motive for the commission of crime has been stated in the report. In the facts and circumstances and particularly in view of the fact that the weapon i.e. knife, has been recovered, the custodial interrogation may not be necessary. The apprehension put forth by learned APP can be taken care of by imposing appropriate conditions. The conditions imposed while granting ad-interim protection from the arrest would take care of the apprehension.
6.
In view of this, the application is allowed.
(i) Ad-interim protection from arrest vide order dated 07.01.2025 is confirmed.
(ii) The applicant/accused-Gopal Manoj Ingole shall attend Police Station Malegaon between 07.00 p.m. and 9.00 p.m. every day till filing of the charge sheet. 7.
Criminal application stands disposed of.
(G. A. SANAP, J.) manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 31/01/2025 18:19:12