Disposed

Manoj Namdeo Rode v. the State of Maharashtra and Another

Bombay HC18 Feb 2025APPLN/346/2025

Case brief

AI extract

What is this about?

Anticipatory bail sought in a group assault case where the applicant was alleged to have attacked with a sword; interim protection had noted doubtful presence and political rivalry. The court confirmed interim protection subject to conditions after noting cooperation with investigation, and disposed of an application permitting assistance to the Public Prosecutor.

What did the court decide?

Interim protection from arrest confirmed with conditions: attendance as required by IO, no tampering or influencing witnesses, cooperation with investigation and trial.

Manoj Namdeo Rode Vs the State of Maharashtra and Another — Anticipatory Bail | Bombay HC (2025)

¶1

2161.24ABA

¶2

2025:BHC-AUG:4734

¶3

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶5

939 ANTICIPATORY BAIL APPLN. NO. 2161 OF 2024

¶6

ABHIJIT NAGESH KAMBLE VERSUS

¶7

THE STATE OF MAHARASHTRA AND ANOTHER

¶8

Advocate for Applicant : Mrs.Ashwini A. Lomte APP for Respondent-State : Mr.B.B.Bhise Advocate for Assist to P.P. : Mr.A.D.Raut

¶9

WITH

¶10

CRIMINAL APPLICATION NO. 346 OF 2025 IN ABA/2161/2024

¶11

CORAM : ARUN R. PEDNEKER, J. DATE : 18.02.2025

¶12

P.C. :

¶13

1] Heard. For the reasons stated in Criminal Application No.346 of 2025 for assisting to the P.P., the same is allowed. Criminal Application is disposed of accordingly.

¶14

2] Heard learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for the assist to P.P.

¶15

3] The applicant is apprehending arrest in connection with Crime No. 148/2024, registered with Parali City Police Station, Dist. Beed, for the offence punishable

¶16

¶17

2161.24ABA

¶18

under Section 109, 189 (2), 191 (2), 190, 118 (2), 352, 351 (2), 351 (3), 126 (2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 25 of the Arms Act, 1959.

¶19

4] This Court, by order dated 02.01.2025, has granted interim protection in favour of the applicant by noting submissions and reasons at para nos.3 to 8, as noted below :

¶20

3] The case against the applicant as put up
in the FIR registered on 14.10.2024 that the
incident is dated 03.10.2024 wherein it is a
case of the complainant that seven accused
assaulted the complainant by means of sword,
iron rod and iron pipe and he sustained
grievous injury and was admitted in government
hospital and thereafter, to a private hospital
and thereafter FIR is registered. On
information being lodged on 14.10.2024 on the
same day, six of the accused had surrendered
before the police.

¶21

4] In the remand report filed before the
Magistrate, it is stated that as per the
information received from the other co-accused
the present applicant was not involved in the
assault and that the applicant reached the spot
later on. In the first information report it is
stated by the informant that the applicant used
sword and assaulted the informant on his head.
The informant on account of the blow fell on
the ground. Thereafter, the other accused with
pipe and sticks assaulted the informant causing
grievous injuries.

¶22

5] The applicant contend that he was not
involved in the assault and that there is no
corresponding injury on the informant as
alleged in the FIR. So also, the learned
counsel for the applicant submits that there is
no independent evidence showing that the
applicant was involved in the assault.

¶23

¶24

2161.24ABA

¶25

6] It is further stated that there is
political rivalry between parties as is noticed
from the FIR itself and that the applicant is
roped in on account of the political rivalry.

¶26

7] Per contra, the learned APP submits that
there are four grievous injuries on the
informant and although, the FIR is registered
after 11 days, the informant was in hospital
and as such, the FIR is registered at belated
point of time. As regards, the aspect about
rivalry between the parties the same is not
disputed by the learned APP. Considering injury
certificate produced by the learned APP, in
which it is stated that there are four injuries
on the informant which are grievous in nature.
The injuries are on the wrist and left hand of
the informant.

¶27

8] Considering that there is prior rivalry
between the parties, so also considering the
fact that there is no corresponding injury as
alleged in the FIR, the presence of the
applicant becomes doubtful on the scene. The
possibility that the applicant being roped in
cannot be ruled out.

¶28

5] The learned counsel for the applicant submits that the applicant has attended the concerned police station and has co-operated with the investigation.

¶29

6] Considering that in terms of interim order dated 02.01.2025, the applicant has attended the concerned police station and has co-operated with the investigation and considering the reasons mentioned in interim order dated 02.01.2025, the interim protection granted by order dated 02.01.2025 stands confirmed, in the following terms :

¶30

¶31

2161.24ABA

¶32

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

¶33

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.

¶34

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

¶35

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

¶36

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.

¶37

9] The application stands disposed of.

¶38

[ARUN R. PEDNEKER] JUDGE

¶39

DDC

Manoj Namdeo Rode v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Manoj Namdeo Rode v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kunal Sanjay Wagh Vs the State of Maharashtra

Suraj Shivaji Raut Vs the State of Maharashtra and Another

Arbaz Iqbal Tamboli Vs the State of Maharashtra and Another

Karan Ratan Choure Vs the State of Maharashtra and Another

Gulab Dnyanobarao Wagh Vs the State of Maharashtra and Another

Vitthal Dnyanoba Wagh Vs the State of Maharashtra and Another