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Bombay High CourtABA/539/2025allowed

Gopal Limbrao Shinde v. The State Of Maharashtra

2025-03-03Hon'Ble Shri Justice Rajesh S. Patil4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date: 2025.03.03 20:18:40 +0530 KANCHAN VINOD MAYEKAR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 539 OF 2025 Gopal Limbrao Shinde ..... Applicant

VERSUS

State of Maharashtra ..... Respondent Dr. Uday Warunjikar a/w. Ms.Sakshi Inamdar, Adv. Uzma Pathan, i/b. Ms.Sonali R. Chavan for the Applicant.

Ms.Supriya Kak, A.P.P. for the State.

Mr.Shantanu Naik Nimbalkar, P.S.I., Klewadi, Pimpri Chinchwad Police Station present.

CORAM : RAJESH S. PATIL, J.

DATE : 3rd MARCH, 2025 P.C. :- The first informant, is today present in the Court, who is assisting the Investigating Officer.

2.

This anticipatory bail application has been filed by the father-in-law of the informant who is arraigned as the accused no.1. Two of the accused have been granted pre-arrest bail order

2/4 from the High Court. The wife of the informant is also an accused, has been granted pre-arrest bail by the Hon'ble Supreme Court. One of the accused has been granted regular bail from the Trial Court. The bail application of the mother-in-law of the informant's has been rejected and she is absconding. As regards to her, it has been mentioned in the FIR that she was the one who had inserted chili powder in the eyes of the informant. 3.

The learned A.P.P. submits that a cross FIR has been filed by the accused person against the first informant belatedly after three months of the Supreme Court granting pre-arrest bail to the wife of the informant.

4.

Dr.Warunjikar, learned counsel for the applicant submits that the present applicant is 61 years of age. He is ready to cooperate with the police in order to record his statement. 5.

Dr.Warunjikar, learned counsel further submitted that in the

3/4 recovery of weapons statement, the wooden stick has been recovered as shown at page 48.

6.

As regards the present applicant, it has been stated that he hit the informant with wooden stick. The learned counsel for the applicant further submitted that as regards the offences punishable under the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013, the maximum punishment is six months. He submits that if the applicant is ready to co-operate, there is no need to arrest the present applicant. 7.

Considering the documents on record and after hearing the counsels, I am hereby directing the applicant to remain present before the concerned Investigating Officer in order to record the statement for carrying out further investigation on 5th March 2025 and 6th March 2025 between 11:00 a.m. to 2:00 p.m.

4/4 8.

Stand over to 11th March, 2025. Matter to come up under the caption of 'Urgent Circulation'.

9.

In the meanwhile, no coercive steps be taken against the applicant.

[RAJESH S. PATIL, J.]