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2025 DAILYLAW 29712 (BOM)

ANIL SUNIL PAWAR v. THE STATE OF MAHARASHTRA AND ANOTHER

ABA/1701/2024 · 2025-01-23

Shri Arun R Pedneker

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Judgment text

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ABA 1701/24 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 948 ANTICIPATORY BAIL APPLICATION NO. 1701 OF 2024 ANIL SUNIL PAWAR VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Advocate for Applicant : Mr. S.V. Suryawanshi h/f. Mr. D.P. Munde APP for Respondents 1 & 2 : Mr. G.O. Wattamwar ... CORAM : ARUN R. PEDNEKER, J. Dated : January 23, 2025 PER COURT :- 1. Heard the learned counsel for the applicant and the learned APP for the respondents-State. 2. The applicant is apprehending arrest in connection with Crime No. 448/2023 dated 7.8.2023 registered with Vivekanand Chowk Police Station, Latur for the offence punishable under section 379 r/w. 34 of I.P.C. 3. The case against the applicant is that the applicant has stolen 18 pigs of the informant, out of which six pigs were recovered from the co-accused from the house of the applicant. Applicant and co-accused are brothers. Another 12 pigs are yet to be recovered. 4. This Court by order dated 2.12.2024 has granted interim protection to the applicant. The learned counsel for the applicant submits that as directed by this Court the applicant has attended the concerned police station and there is no further recovery made at the instance of the applicant. The offence took place on 7.8.2023 and now it is very difficult to recover the remaining pigs. The possibility of the remaining pigs being stolen by someone else cannot be ruled out. In view of the above, I hold 2025:BHC-AUG:1959 ABA 1701/24 2 that there is no recovery possible in the crime. 5. Considering the above, the application is allowed and the interim protection granted to the applicant vide order dated 2.12.2024 is confirmed on following terms : i] The applicant shall attend the police station as and when called by I.O. 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. iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court. 6. In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 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. 8. The application stands disposed of. ( ARUN R. PEDNEKER, J. ) ssc/