← Library
Bombay High CourtABA/958/2025disposedoff

Baban S/O Mukinda Gore And Others. v. The State Of Maharashtra Thr Pso Ps Washim Rural Tq And Dist Washim

2025-12-19Hon'Ble Shri Justice Rajnish R. Vyas3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.958/2025 (Baban S/o Mukinda Gore and others Vs. State of Maharashtra, through its Police Station Officer, Police Station Washim (Rural), Tq. and Distt. Washim) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. V.R. Deshpande, Advocate for the applicants. Mr. V.A. Thakare, A.P.P. for non-applicant/State. CORAM: MRS.VRUSHALI V. JOSHI, J.

DATED: 19.12.2025.

The applicants are apprehending arrest in Crime No.226/2025 for the offence punishable under Sections 209, 302, 34, 380, 420, 468 and 469 of the Indian Penal Code.

2.

The applicants are the family members of accused No.1. Accused No.1 was the Caretaker of deceased Dnyanoba. He died on 2.7.2023 and thereafter the complainant who is the nephew of the deceased has lodged the complaint. The police have not taken cognizance and, therefore, the complaint under Section 156(3) of the Code of Criminal Procedure was filed by the complainant and the crime is registered on the order passed by the Magistrate against these applicants along with accused No.1.

3.

It is alleged that when the complainant went to Pandharpur, accused No.1 had given the medicine of drowsiness in excess and thereafter said Dnyanoba died. The cremation was performed. The complainant asked the accused No.1 to perform the postmortem but

he denied and hurriedly cremated the deceased. Therefore, he had suspicion that the accused No.1 for grabbing the property of the deceased had committed his murder and on the complaint lodged by the complainant the Magistrate has taken cognizance and the crime is registered.

4.

Learned Advocate for the applicant has stated that the accused No.1 was taking care of the deceased. The complainant is the legal heir of deceased. When he came to know about the sale-deed he has lodged the complaint.

5.

Considering the allegations made against these applicants who are the family members of accused No.1, no allegations are made against these applicants and specific allegations are made against accused No.1 who is not applicant in this matter, case is made out to protect the applicants by granting ad interim anticipatory bail. i) It is directed that in the event of arrest of the applicants - Baban S/o Mukinda Gore, Nanda W/o Baban Gore, Sandeep S/o Deorao Idhole and Asha W/o Sandeep Idhole, in connection with Crime No.226/2025 for the offence punishable under Sections 209, 302, 34, 380, 420, 468 and 469 of the Indian Penal Code, the applicants shall be released on bail on furnishing P.R. Bond in the sum of Rupees Twenty Five Thousand each with one surety in the like amount. ii) The applicants shall not in any way tamper with the prosecution evidence.

iii) The applicants shall not pressurize or threaten the prosecution witnesses.

iv) The applicants shall attend the concerned police station as and when called by the Investigating Officer.

v) The applicants shall co-operate with the Investigating Officer. Stand over to 7.1.2026.

6.

This protection shall remain in force till next date of hearing. (MRS.VRUSHALI V.JOSHI, J.) Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 22/12/2025 16:47:23