PADMAKAR MAROTIRAO SARPATE AND ANOTHER v. THE STATE OF MAHARASHTRA
ABA/1355/2025 · 2026-08-18
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3539 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3539 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 944 aba 1355.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1355 OF 2025
1. Padmakar Marotirao Sarpate, Age: 62 Years, Occu. : Agril.,
2. Vijay Padmakar Sarpate, Age : 40 Years, Occu. : Service, Both R/o Village Madalmohe, Tahsil Georai, Dist. Beed. .. Applicant Versus The State of Maharashtra .. Respondent Shri V. B.Anjanwatikar, Advocate for the Applicants. Shri S. B. Narwade, A.P.P. for the Respondent.
CORAM : R. M. JOSHI, J.
DATE : 18TH AUGUST, 2026.
ORDER : . Applicants seek pre-arrest bail in connection with Cr. No. 376/2025 registered with Georai Police Station for the offences punishable U/Sec. 119(1), 126(2), 352, 351(2), 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
2. First information report indicates that according to the informant the incident of assault occurred on 16.06.2025, in which the present applicants and co-accused abused and assaulted him. There is allegation against applicant No. 1 that 2026:BHC-AUG:37008
2 944 aba 1355.25 he snatched golden chain of the informant and gave it to the applicant No. 2, who took it over.
3.
Learned counsel for the applicants submits that liberty of the applicants was protected by this Court by order dated 12th August, 2025 and since then they are appearing before the Investigating Officer every Monday. It is submitted that there is dispute between the parties and change report is the cause of said dispute. According to him since the applicants have cooperated in the investigation, interim relief granted by this Court deserves to be confirmed. He further claims that there is no criminal history on behalf of the present applicants. 4. Learned A. P. P. opposes grant of relief to the applicants by referring to the allegations against them in the first information report, which according to him are supported by the statements of the witnesses recorded during the course of investigation. It is his submission that for the recovery of gold chain, the custodial interrogation of the applicants is necessary. 5. Perusal of the record reveals that there are disputes between the parties on the issue of the trust by name Mohimata Shikshan Sanstha, Madalmohi. Applicants have no criminal history. They were not found involved in similar crime hereinbefore. The possibility of false implication in view of previous disputes between the parties cannot be ruled out. There is no dispute about the fact that applicants are granted interim
3 944 aba 1355.25 protection. Since one year applicants are attending concern police station. Having regard to the said fact, this Court finds no justification not to confirm the interim protection. 6. Hence application is allowed in term of interim order dated
12.08.2025. O R D E R (i) In the event of arrest of the Applicants in connection with C.R. No.0376/2025 dated 17th June 2025, registered with Georai Police Station for the offences punishable under Sections 119(1), 126(2), 352, 351(2), 351(3) and 3(5) of BNS are directed to be released on bail on their furnishing PR bond in the sum of Rs.20,000 (Rupees Twenty Thousand Only) each with one or more sureties in the like amount. (ii) The Applicants shall furnish details of residential address and other contact details such as mobile number etc. to the concerned police station. If there is any change in the contact details, the same shall be immediately intimated to the concerned police station. (iii) The Applicants shall not influence the witness/es and/or tamper evidence in any manner whatsoever.
(iv) The Applicants shall co-operate during the course of trial. 4 944 aba 1355.25 (v) Learned APP to communicate this order to the concerned Investigating Officer. [ R. M. JOSHI, J. ]
bsb/Aug. 26