Allowed¶15

Bebi W/O. Prakash Bhanuse v. the State of Maharashtra

Bombay HC17 Jan 2025ABA/1371/2022

Case brief

AI extract

What is this about?

Anticipatory Bail Application No. 1371 of 2022; Bombay High Court, Aurangabad Bench; Bebi w/o Prakash Bhanuse v. State of Maharashtra; Arun R. Pedneker, J.; decided 17-01-2025; Crime No.0094/2022, Ashti Police Station, District Jalna; Sections 307, 323, 324, 504, 506 r/w 34 IPC; interim protection dated 02.01.2025 confirmed on conditions; breach liable to cancellation; advocates P. P. More (applicant) and V. S. Badakh (APP).

What did the court decide?

Interim protection granted by order dated 02.01.2025 confirmed on conditions (attendance before the Investigating Officer as and when required; no tampering with prosecution evidence; no influencing informant or witnesses; co-operation with investigation and trial); breach liable to cancellation; application disposed of. ¶15

Bebi W/O. Prakash Bhanuse Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, apprehending arrest in connection with Crime No.0094/2022 dated 13.05.2022 of Ashti Police Station, District Jalna, for offences punishable under Sections 307, 323, 324, 504, 506 r/w 34 of the IPC, is entitled to anticipatory bail.

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Court's answer

The interim protection granted to the applicant by order dated 02.01.2025 stands confirmed, on stated terms.

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Ratio / Principle

Confirmation is subject to conditions: the applicant shall attend the police station as and when required by the Investigating Officer; she shall not tamper with the prosecution evidence nor influence the informant, witnesses or other concerned persons; and she shall co-operate with the investigation and the proceedings before the trial Court.

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Key takeaways

Violation of any of the conditions specified in the order shall render the protection liable to be cancelled.ratio¶19
The observations in the order are limited to the disposal of the anticipatory bail application, and the trial Court is to proceed further without being influenced by them.obiter¶20

Detailed headnote1 paragraphs

Anticipatory bail — Applicant apprehending arrest in Crime No.0094/2022 dated 13.05.2022, Ashti Police Station, District Jalna, for offences punishable under Sections 307, 323, 324, 504, 506 r/w 34 of the IPC — Interim protection earlier granted by order dated 02.01.2025 — Applicant attended the police station and co-operated with the investigation; no grievance as to her cooperation — Interim protection confirmed subject to conditions: attendance as and when required by the Investigating Officer, no tampering with prosecution evidence, no influencing informant or witnesses, and co-operation with the investigation and trial — Violation of conditions to entail cancellation — Observations confined to disposal of the application; trial Court to proceed uninfluenced thereby — Application disposed of. (Paras 12-21)

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1 931

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2025:BHC-AUG:1364

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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931 ANTICIPATORY BAIL APPLICATION NO. 1371 OF 2022

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BEBI W/O. PRAKASH BHANUSE VERSUS

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THE STATE OF MAHARASHTRA

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Advocate for Applicant : Mr. P. P. More APP for Respondent/State: Mr. V. S. Badakh

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CORAM : ARUN R. PEDNEKER, J. DATE : 17^th JANUARY, 2025

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PER COURT:

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

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2] The applicant is apprehending arrest in connection with Crime No.0094/2022, dated 13.05.2022, registered at Ashti Police Station, District Jalna, for the offences punishable under Sections 307, 323, 324, 504, 506 r/w 34 of the IPC.

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3] This court has granted interim protection to the applicant by order dated 02.01.2025 for the reasons mentioned therein.

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4] The learned counsel for the applicant submits that in terms of order dated 02.01.2025, the applicant has attended the police station and has co-operated with the investigation. There is no grievance raised as regards the cooperation of the applicant.

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2 931

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5] In view of the above, the interim protection granted by order dated 02.01.2025 stands confirmed, on the following terms:

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

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

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

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6] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

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7] 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.

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8] The application stands disposed of.

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[ARUN R. PEDNEKER, J.]

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marathe

Bebi W/O. Prakash Bhanuse v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Bebi W/O. Prakash Bhanuse v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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