Arun Shivanand Kamble Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Arun Shivanand Kamble Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to both applicants: in the event of arrest in Crime No.0509/2024 (Chakur Police Station, District Latur) under Sections 115(2), 118(1), 118(2), 119(1), 3(5) and 352 of the Bhartiya Nyaya Sanhita, 2023, each applicant to be released on furnishing a PR bond of Rs.15,000/- with one or two sureties in the like amount, subject to attendance at the concerned police station on 25.02.2025 and 26.02.2025 (10:30 a.m. to 01:30 p.m.) and thereafter as required by the Investigating Officer, non-tampering with evidence and non-influence of informant/witnesses, and co-operation with the investigation and trial; breach renders the bail liable to cancellation.

Issue for consideration

Whether the applicants, apprehending arrest in Crime No.0509/2024 registered at Chakur Police Station, District Latur, for offences punishable under Sections 115(2), 118(1), 118(2), 119(1), 3(5) and 352 of the Bhartiya Nyaya Sanhita, 2023, are entitled to anticipatory bail.

Court's answer

Considering the role of the applicants in the assault, the simple injuries attributed to them, and that the main accused has been arrested and released on regular bail, the applicants can be granted anticipatory bail.

Ratio / Principle

In the event of arrest in connection with Crime No.0509/2024, the applicants are to be released on bail on furnishing a PR bond of Rs.15,000/- each with one or two sureties in the like amount, to the satisfaction of the trial Court.

Key takeaways

Conditions imposed: the applicants shall attend the concerned police station on 25.02.2025 and 26.02.2025 between 10:30 a.m. to 01:30 p.m. and thereafter as and when required by the Investigating Officer; shall not tamper with prosecution evidence or influence the informant and witnesses; and shall co-operate with the investigation and proceedings before the trial Court.ratio¶30
In the event the applicants violate any of the conditions specified in the order, the anticipatory bail shall be liable to be cancelled.ratio¶33

Detailed headnote1 paragraphs

Anticipatory bail granted to two applicants in Crime No.0509/2024, Chakur Police Station, District Latur, for offences punishable under Sections 115(2), 118(1), 118(2), 119(1), 3(5) and 352 of the Bhartiya Nyaya Sanhita, 2023, arising out of an assault on the informant and his family members in which three persons were injured (grievous injury to the informant; simple injuries otherwise). Noting that only simple injuries were attributed to the applicants, whose role was of minor nature, and that the main accused, alleged to have used an iron rod, had already been arrested and released on regular bail, the Court held the applicants could be granted anticipatory bail. Release directed on furnishing a PR bond of Rs.15,000/- each with one or two sureties in the like amount, subject to conditions: attendance at the concerned police station on 25.02.2025 and 26.02.2025 between 10:30 a.m. to 01:30 p.m. and thereafter as required by the Investigating Officer; no tampering with prosecution evidence and no influence on the informant or witnesses; and co-operation with the investigation and trial. Breach of conditions renders the bail liable to cancellation. Observations confined to disposal of the anticipatory bail application; trial Court to proceed uninfluenced thereby.

2025:BHC-AUG:4921

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

924 ANTICIPATORY BAIL APPLICATION NO. 248 OF 2025

ARUN SHIVANAND KAMBLE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

Advocate for Applicant : Mr. Bhale Babasaheb S. APP for Respondent/State: Ms. Preeti V. Diggikar

WITH

ANTICIPATORY BAIL APPLICATION NO. 249 OF 2025

HANMANT DHONDIBA KAMBLE VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

Advocate for Applicant : Mr. Bhale Babasaheb S. APP for Respondent/State: Ms. Preeti V. Diggikar

CORAM : ARUN R. PEDNEKER, J. DATE : 21.02.2025

P.C. :

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

2] The applicants are apprehending arrest in connection with Crime No.0509/2024, registered at Chakur Police Station, District Latur, for the offences punishable under Sections 115(2), 118(1), 118(2), 119(1), 3(5) and

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352 of the Bhartiya Nyaya Sanhita, 2023.

3] The case against the applicants is that the applicants and other 2 accused has assaulted the informant and his family members and in all 3 persons are injured. The injury caused to the informant is grievous and other injuries are simple, so also, there are simple injuries caused to the other injured persons.

4] The learned counsel for the applicants submits that the main accused, who is alleged to have used iron rod has been arrested and now released on regular bail. He submits that the other injuries caused are simple in nature and the applicants are related to one another and are neighbours and that on the spur of the moment the fight started on account of some construction material being dumped. He submits that the applicants role is of minor nature and the injury attributed to the applicants are simple in nature.

5] Considering the role of the applicants in the assault and simple injuries are attributed to the applicants and the main accused has been arrested and released on regular bail, as such, the applicants can be granted anticipatory bail.

6] In view of the above, the applications are

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allowed in the following terms :

i] In the event the applicants are arrested in connection with Crime No.0509/2024, registered at Chakur Police Station, District Latur, for the offences punishable under Sections 115(2), 118(1), 118(2), 119(1), 3(5) and 352 of the Bhartiya Nyaya Sanhita, 2023, they shall be released on bail on furnishing PR bond of Rs.15,000/- each with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicants shall attend the concerned police station on 25.02.2025 and 26.02.2025, between 10:30 a.m. to 01:30 p.m. and, thereafter, as and when required by the Investigating Officer.

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

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

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

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cancelled.

8] 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.

9] The applications stand disposed of.

[ARUN R. PEDNEKER] JUDGE

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