Bhima @ Bhimraj Suresh Mahale Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Bhima @ Bhimraj Suresh Mahale Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application stood disposed of with the interim protection granted on 13.01.2025 confirmed, i.e., anticipatory bail granted on the terms set out in the order (attendance at police station as required, non-tampering/non-influence, cooperation), breach entailing cancellation.

Issue for consideration

Whether the applicant, apprehending arrest in FIR No. 248/2024 (Shanishinganapur Police Station, District Ahmednagar) for offences under Sections 109, 118(1), 115(2), 189(2), 189(4) of Bhartiya Nyaya Sanhita, 2023 and Sections 4, 25 and 7 of the Arms Act, is entitled to anticipatory bail.

Court's answer

Since the applicant's case is identical to that of the co-accused in ABA Nos. 2133/2024, 2135/2024 and 2136/2024, who were granted anticipatory bail by this Court's order dated 09.01.2025, the interim protection granted to the applicant by order dated 13.01.2025 stands confirmed.

Ratio / Principle

The confirmation of anticipatory protection is subject to conditions: (i) the applicant shall attend the concerned police station as and when required by the investigating officer; (ii) the applicant shall not tamper with the prosecution evidence and shall not influence the informant, witnesses and other persons concerned; (iii) the applicant shall cooperate with the investigation and the proceedings before the trial Court; violation of any condition renders the order liable to be cancelled.

Key takeaways

The observations made in the order are limited to the disposal of the present anticipatory bail application, and the trial Court shall proceed in the matter without being influenced by them.obiter¶24

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Arun R. Pedneker, J.; decision dated 10.03.2025), disposed of Anticipatory Bail Appln. No. 52 of 2025 filed by Bhima @ Bhimraj Suresh Mahale, who was apprehending arrest in Crime No. 248/2024, dated 21.10.2024, registered at Shanishinganapur Police Station, District Ahmednagar, for offences punishable under Sections 109, 118(1), 115(2), 189(2) and 189(4) of the Bhartiya Nyaya Sanhita, 2023 and Sections 4, 25 and 7 of the Arms Act. Finding the case identical to that of similarly situated co-accused who had been granted anticipatory bail by order dated 09.01.2025 in ABA Nos. 2133/2024, 2135/2024 and 2136/2024, the Court confirmed the interim protection earlier granted to the applicant on 13.01.2025, subject to conditions: attendance at the concerned police station as and when required by the investigating officer; abstention from tampering with prosecution evidence and from influencing the informant or witnesses; and cooperation with the investigation and trial, breach entailing cancellation. The Court clarified that its observations were confined to disposal of the anticipatory bail application and the trial Court was to proceed uninfluenced by them.

52.25ABA+

2025:BHC-AUG:7000

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

32 ANTICIPATORY BAIL APPLN. NO. 52 OF 2025

BHIMA @ BHIMRAJ SURESH MAHALE VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

Advocate for Applicant : Mr.Nitin Bhavar Patil LLP Advocate & Legal Consultancy APP for Respondent-State : Mr.S.P.Sonpawale

CORAM : ARUN R. PEDNEKER, J. DATE : 10.03.2025

P.C. :

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

2] The applicant is apprehending arrest in connection with FIR No. 248/2024, registered with Shanishinganapur Police Station, District Ahmednagar, for the offence punishable under Sections 109, 118 (1), 115 (2), 189 (2), 189 (4) of Bhartiya Nyaya Sanhita, 2023 and under Sections 4, 25 and 7 of the Arms Act.

3] This Court, by order dated 09.01.2025, has granted anticipatory bail in favour of similarly situated coaccused in ABA Nos. 2133/2024, 2135/2024 and

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2136/2024 in Crime No.248/2024, dated 21.10.2024, registered at Shanishinagnapur Police Station, District Ahmednagar.

4] Considering that the case is identical to the above said applicants in ABA Nos. 2133/2024, 2135/2024 and 2136/2024, the interim protection granted by order dated 13.01.2025 stands confirmed, in the following terms :

i] The applicant shall attend the concerned police station as and when required by the investigating officer.

ii] The applicant 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.

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

5] 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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6] 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.

7] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE

DDC