Samir Kasam Tamboli Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Samir Kasam Tamboli Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail: interim protection granted earlier on 19.8.2024 confirmed, subject to conditions that the applicant attend the police station as and when required, shall not tamper with prosecution evidence or influence the informant, witnesses and other persons concerned, and shall co-operate with the investigation and trial proceedings; violation renders the order liable to be cancelled; observations limited to disposal of the present application.

Issue for consideration

Whether the applicant, apprehending arrest in Crime No. 142/2024 for offences under Sections 109, 118(1) r/w 3(5) of the Bhartiya Nyaya Sanhita, 2023, is entitled to anticipatory bail.

Ratio / Principle

Further custodial interrogation of the applicant is not necessary; the interim relief granted earlier needs to be confirmed, considering that the record shows the informant received simple injuries and the applicant has co-operated with the investigation with the chargesheet filed.

Key takeaways

The anticipatory bail application is allowed and the interim protection granted on 19.8.2024 is confirmed, subject to conditions (attendance at the police station as and when required; no tampering with prosecution evidence or influencing of informant/witnesses; co-operation with the investigation and trial proceedings), breach entailing cancellation; observations are confined to disposal of the anticipatory bail application.ratio¶¶15

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Arun R. Pedneker, J., 10.01.2025) — Anticipatory bail allowed in ABA 1365/24, Samir Kasam Tamboli v. The State of Maharashtra. Applicant apprehended arrest in Crime No. 142/2024 dated 8.7.2024 (Dindrud Police Station, Majalgaon, District Beed) for offences punishable under Sections 109, 118(1) r/w 3(5) of the Bhartiya Nyaya Sanhita, 2023. Interim protection granted by this Court on 19.8.2024 was confirmed: the record showed the informant received simple injuries, the applicant had co-operated with the investigation, and the chargesheet was filed; further custodial interrogation was held unnecessary. Bail made subject to conditions (police-station attendance as and when required; no tampering with evidence or influencing of witnesses; co-operation with investigation and trial), breach entailing cancellation. Observations expressly confined to disposal of the anticipatory bail application, leaving the trial Court uninfluenced.

2025:BHC-AUG:646

ABA 1365/24

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

934 ANTICIPATORY BAIL APPLICATION NO. 1365 OF 2024

SAMIR KASAM TAMBOLI VERSUS

THE STATE OF MAHARASHTRA

Advocate for Applicant : Mr. Sayyed Tauseef Yaseen APP for Respondent/State : Mr. S.B. Jadhav

CORAM : ARUN R. PEDNEKER, J. Dated : January 10, 2025

PER COURT :-

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

The applicant is apprehending arrest in connection with Crime No. 142/2024 dated 8.7.2024 registered at Dindrud Police Station, Majalgaon, District Beed for the offences punishable under sections 109, 118 (1) r/w. 3 (5) of the Bhartiya Nyaya Sanhita, 2023.

This Court has already granted interim protection to the applicant vide order dated 19.8.2024. The learned counsel for the applicant submits that thereafter the applicant has co-operated with the investigation and the chargesheet in the matter is also filed.

From perusal of the record, it is seen that the informant has received simple injuries. Considering the above, I hold that further custodial interrogation of the applicant is not necessary and the interim relief granted earlier needs to be confirmed.

In view of the above, the application is allowed and the interim protection granted earlier on 19.8.2024 is confirmed on the following

ABA 1365/24

2

terms :

i] The applicant shall attend the police station as and when required.

ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

In the event, the applicant violates 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. )

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