Mangesh Babanrao Deshmukh And ANR. v. State Of Maharashtra, Thr. Its Pso, Badnera, Tah. And Dist. Amravati
2025:BHC-NAG:5760 1 929-ABA-278-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO. 278 OF 2025 MANGESH BABANRAO DESHMUKH AND ANOTHER Vrs.
STATE OF MAHARASHTRA -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Ms. Parita Lakhani, Advocate h/f Shri M. P. Kariya, Advocate for applicants.
Ms. Mrunal Barabde, A. P. P. for respondent-State. CORAM: URMILA JOSHI-PHALKE, J.
DATE : 20/06/2025.
1.
Apprehending the arrest at the hands of police in connection with Crime No.142/2025 registered with Police Station Badnera, Dist. Amravati for the offences punishable under Sections 296, 309(6), 3(5) of the BNS, the applicants approached to this Court for grant of pre-arrest bail.
2.
Heard learned counsel for the applicants who submitted that the dispute arose between the present applicants, the informant and the other prosecution witnesses on account of selling of the Buffaloes and during that incident, both parties have assaulted each other. Regarding the said incident, two crimes are registered. As far as present applicants are concerned, it is alleged that they have assaulted the informant by means of fist and kick blows. As far as the custodial interrogation is
2 929-ABA-278-2025.odt concerned which is not required as nothing is to be recovered from them.
3.
Learned APP strongly opposed for the same on the ground that despite the directions given by this Court, the applicants are not attending the concerned police station and not co-operating with the Investigating Agency.
4.
On hearing both the sides and on perusal of the recitals of FIR, it reveals that only allegation against the present applicants is that they have assaulted by means of fist and kick blows, as far as custodial interrogation is concerned which is not required. 5.
The contention of the learned APP that they have not attended the Police Station can be taken care of by imposing certain conditions on them. In view of that, I proceed to pass following order :-
ORDER
i] Application is allowed.
ii] The interim protection granted to the present applicants by order dated 24/04/2025 is hereby confirmed on condition that the applicants shall attend the concerned police station once in a week on Monday between 10.00 a.m. to 1.00 p.m. and shall co-operate with the Investigating Agency.
iii] A single default on the part of the present applicants to attend the police station would lead to cancellation of bail.
3 929-ABA-278-2025.odt iv] The applicants shall not induce, threat or promise to any witnesses, who are acquainted with the facts of the present case.
6.
Application is disposed of.
[URMILA JOSHI-PHALKE, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 23/06/2025 17:52:17