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Bombay High CourtABA/359/2025allowed

Samrat Sunil Hate v. State Of Maharashtra

2025-02-28Hon'Ble Shri Justice Rajesh S. Patil22 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date:

2025.03.01 14:10:18 +0530 KANCHAN VINOD MAYEKAR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 358 OF 2025 Rajan Sambhaji Shinde ..... Applicant

VERSUS

State of Maharashtra & Anr.

..... Respondents ALONGWITH ANTICIPATORY BAIL APPLICATION NO. 359 OF 2025 Samrat Sunil Hate ..... Applicant

VERSUS

State of Maharashtra & Anr.

..... Respondents Mr.Sudeep Pasbola, Senior Advocate a/w. Mr.Prarak A. Sharma, Mr. Rohit P. Mahadik i/b. Mr.Prerak A. Sharma for the Applicant. Mr. Ajay S. Patil, A.P.P. for the State.

Mr. Rahul S. Tiwari for the Respondent No.2.

Mr. Anil B. Jadhav, P.I., Mahim Police Station. CORAM : RAJESH S. PATIL, J.

DATE : 28th FEBRUARY, 2025 P.C. :- Anticipatory Bail Application No. 358 of 2025 is filed for pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with FIR No. 0007 dated 3rd January, 2025 registered with Mahim Police Station,

2/22 Brihanmumbai Shahar for the offence punishable under Sections 109, 118(1), 115(2), 352, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

Anticipatory Bail Application No. 359 of 2025 is filed for pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with FIR No. 0008 dated 3rd January, 2025 registered with Mahim Police Station, Brihanmumbai Shahar for the offence punishable under Sections 109, 118(1), 115(2), 352, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

In the present proceedings, there are cross FIR filed by the present applicant and the informant. (i) The FIR filed against the present applicant is filed on 3rd January, 2025 morning 3:16 a.m. and (ii) the FIR filed by the present applicant against the informant is at 4:33 a.m. Therefore within a span of less than one hour, two FIRs have been filed.

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On the last occasion when the matter was called out, there was suggestions from the advocates appearing that both the parties are from the same vicinity and hence they are trying to settle their dispute amicably and they would not like to pursue the matter further.

5.

Today before me, the parties have informed that they have settled their dispute amicably and hence affidavit has been filed by both the parties. An affidavit of Mr.Kadiyas Jude David Madliyar dated 26th February, 2025 in Anticipatory Bail Application No. 358 of 2025 has been tendered before me (who is informant in FIR No. 0007 of 2025). The said affidavit is taken on record and marked 'X' for identification. A scanned copy of the said affidavit in FIR No. 0007 is reproduced hereinbelow :-

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In the said FIR 0007 of 2025, an affidavit dated 23rd February, 2025 in Anticipatory Bail Application No. 358 of 2025 has been filed by the injured persons i.e. (1) Sayyed Aslam Sayyed Lal and (2) Shaikh Amir Jinnah stating therein that they are not desirous to pursue the matter any furhter. The said affidavit is taken on record and marked 'X-1' for identification. A scanned copy of the same is reproduced hereinbelow :-

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Similarly the informant Mr.Kadiyas Jude David Madliyar has filed affidavit dated 26th February, 2025 in Anticipatory Bail Application No. 359 of 2025. The said affidavit is taken on record and marked 'Y' for identification. The scanned copy of the same is reproduced hereinbelow :-

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Similarly, the injured persons i.e. (1) Sayyed Aslam Sayyed Lal and (2) Shaikh Amir Jinnah have also filed their affidavit dated 26th February, 2025 stating therein that they don't have any objections if the present application is allowed.

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Since the parties do not desire to proceed further in the matter, the learned A.P.P. submits that then both the anticipatory bail applications can be granted. Hence, the following orders :-

ORDER

(a) The anticipatory bail applications are allowed. (b) In the event of arrest in connection with FIR Nos. 0007 and 0008 dated 3rd January, 2025 registered with Mahim Police Station, Brihanmumbai Shahar for the offence punishable under Sections 109, 118(1), 115(2), 352, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, the applicants shall be released on bail, on furnishing P.R. bonds to the extent of Rs.30,000/- each with two or more sureties of the like amount.

(c) The applicants shall co-operate with the investigation and attend the Investigating Officer of the concerned Police Station, as and when called.

22/22 (d) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence.

(e) The applicants shall furnish details of his residential addresses, contact numbers and e-mail addresses to the Investigating Officer.

8.

The anticipatory bail applications are disposed of. [RAJESH S. PATIL, J.]