Pradip Shivaji Shinde and Others Vs the State of Maharashtra and Another — Bombay HC (2024) — LawSathi Research

Pradip Shivaji Shinde and Others Vs the State of Maharashtra and Another — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to the applicants; interim relief of order dated 19.7.2024 confirmed, subject to conditions of attending the concerned police station as and when required, cooperating in the investigation, not tampering with prosecution evidence and not influencing the informant/witnesses; breach renders the relief liable to cancellation; the Court clarified that its observations are limited to disposal of the present anticipatory bail application and the trial Court shall proceed uninfluenced by them.

Issue for consideration

Whether the applicants, apprehending arrest in connection with Crime No. I-96/2024 dated 15.5.2024 registered at Ashwi Police Station, District Ahmednagar (offences under sections 143, 147, 148, 149, 323, 324, 452, 504, 506 IPC and sections 37(1), 37(3) Bombay Police Act), are entitled to anticipatory bail.

Court's answer

Since the incident was a scuffle between family members, the injuries were mostly minor and the grievous injuries were not on vital parts, the Court deemed it a fit case for grant of anticipatory bail.

Ratio / Principle

The anticipatory bail application is allowed and the interim relief granted by this Court vide order dated 19.7.2024 is confirmed.

Key takeaways

Condition of bail: the applicants shall attend the concerned police station as and when required and shall co-operate in the investigation.ratio¶16
Further conditions: the applicants shall not tamper with the evidence of the prosecution in any manner and shall not influence the informant, witnesses and other persons concerned with the case.ratio¶19
In the event the applicants violate any of the conditions specified in the order, the anticipatory bail shall be liable to be cancelled.ratio

Detailed headnote1 paragraphs

Anticipatory bail - Crime No. I-96/2024 dated 15.5.2024, Ashwi Police Station, District Ahmednagar - offences punishable under sections 143, 147, 148, 149, 323, 324, 452, 504, 506 IPC and sections 37(1) and 37(3) Bombay Police Act - applicants apprehending arrest - incident found to be a scuffle between family members with mostly minor injuries, grievous injuries not on vital parts - held a fit case for grant of anticipatory bail - application allowed and interim relief of 19.7.2024 confirmed, conditioned on attendance at the police station as and when required, cooperation with investigation, non-tampering with evidence and non-influencing of informant/witnesses - violation liable to result in cancellation - observations of the Court confined to disposal of the anticipatory bail application.

2024:BHC-AUG:27565

ABA 1213/24

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

984 ANTICIPATORY BAIL APPLICATION NO. 1213 OF 2024

PRADIP SHIVAJI SHINDE AND OTHERS VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

Advocate for Applicant : Mr. Tambe Rahul A APP for Respondents/State : Mr. B.A. Shinde

CORAM : ARUN R. PEDNEKER, J. Dated : November 14, 2024

PER COURT :-

Heard learned counsel for the applicant and the learned APP for the respondents-State.

The applicant is apprehending arrest in connection with Crime No. I-96/2024 dated 15.5.2024 registered at Ashwi Police Station, District Ahmednagar, for the offences punishable under sections 143, 147, 148, 149, 323, 324, 452, 504, 506 of I.P.C. and under sections 37 (1) and 37 (3) of Bombay Police Act.

It appears that there is scuffle between the family members. Injuries are mostly minor one. Grievous injuries are not on the vital part of the injured.

Considering that it was the fight between the family members, I deem it appropriate that this is the fit case for grant of anticipatory bail.

In view of the above, the application is allowed. The interim relief granted by this Court vide order dated 19.7.2024 is confirmed.

Applicants shall attend the concerned police station as and when required and shall co-operate in the investigation. Applicants shall not

ABA 1213/24

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tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled.

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

The application stands disposed of.

( ARUN R. PEDNEKER, J. )

ssc/

Corrected as per order dated 25.11.2024