Case Note & Summary
The applicants filed multiple anticipatory bail applications under Section 438 of the Code of Criminal Procedure, 1973, seeking protection from arrest in connection with an alleged assault. The Bombay High Court at Aurangabad had previously granted interim protection to the applicants by orders dated 14.06.2024, 24.06.2024, and 10.07.2024. During the final hearing, the applicants' counsel submitted that the applicants had attended the concerned police station as required and had cooperated with the investigation. The learned Additional Public Prosecutor (APP) produced medical certificates of the injured victims, which indicated that the injuries were simple in nature. The APP did not dispute the fact that the applicants had cooperated with the investigation. Considering these factors, the court confirmed the interim protection and disposed of the applications. The court imposed conditions requiring the applicants to attend the police station as and when required, not to tamper with evidence or influence witnesses, and to cooperate with the investigation and trial proceedings. The court also clarified that violation of conditions would lead to cancellation of bail, and that observations made were limited to the disposal of the bail applications and would not influence the trial court.
Headnote
A) Criminal Procedure - Anticipatory Bail - Section 438 CrPC - Confirmation of Interim Bail - Applicants granted interim protection attended police station and cooperated with investigation; injuries to victims were simple in nature; State did not dispute cooperation - Held that interim protection stands confirmed subject to conditions (Paras 1-3).
Issue of Consideration
Whether the interim anticipatory bail granted to the applicants should be confirmed based on their cooperation with the investigation and the nature of injuries.
Final Decision
The interim protection granted by orders dated 14.06.2024, 24.06.2024, and 10.07.2024 stands confirmed subject to conditions: applicants shall attend police station as required, not tamper with evidence, not influence witnesses, and cooperate with investigation and trial. Applications disposed of.
Law Points
- Anticipatory bail
- Section 438 CrPC
- Interim protection confirmed
- Cooperation with investigation
- Simple injuries
Case Details
2024 LawText (BOM) (12) 94
Anticipatory Bail Application No. 931 of 2024, 932 of 2024, 999 of 2024, 1054 of 2024
Mr. Nilesh S. Ghanekar, Mr. Y.H. Lagad, Mr. D.R. Kale, Mr. A.A.A. Khan, Mr. Hanmant V. Patil
Sameer s/o. Raghunathrao Dandge; Yogesh s/o. Tulshiram Pathade; Dnyaneshwar s/o. Kadu Aware; Sharad s/o. Ashok Pawar
The State of Maharashtra; Commissioner of Police, Aurangabad/Chhatrapati Sambhajinagar
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Nature of Litigation
Anticipatory bail applications under Section 438 CrPC seeking protection from arrest in an assault case.
Remedy Sought
Applicants sought confirmation of interim anticipatory bail granted earlier.
Filing Reason
Applicants apprehended arrest in connection with an alleged assault; they sought pre-arrest bail.
Previous Decisions
Interim protection was granted by orders dated 14.06.2024, 24.06.2024, and 10.07.2024.
Issues
Whether the interim anticipatory bail should be confirmed given the applicants' cooperation and the nature of injuries.
Submissions/Arguments
Applicants' counsel submitted that applicants attended police station and cooperated with investigation.
APP produced medical certificates showing injuries were simple in nature and did not dispute cooperation.
Ratio Decidendi
Where applicants have cooperated with investigation and injuries are simple, interim anticipatory bail may be confirmed under Section 438 CrPC.
Judgment Excerpts
Learned Counsel for the applicants submits that this Court by orders dated 14.06.2024, 24.06.2024 and 10.07.2024 has granted interim protection in favour of the applicants and the applicants have attended the concerned Police Station and have co-operated with the investigation.
Learned A.P.P. has produced medical certificate of the injured victims on record and apparently the injuries are simple in nature and the applicants have attended the concerned Police Station and have cooperated with the investigation.
Considering the fact that in pursuance of interim protection granted by this Court the applicants have attended the concerned Police Station and have co-operated with the Investigating Officer, the interim protection granted by order dated 14.06.2024, 24.06.2024 and 10.07.2024 stands confirmed on the following conditions
Procedural History
Applicants filed multiple anticipatory bail applications. Court granted interim protection on 14.06.2024, 24.06.2024, and 10.07.2024. On 09.12.2024, after hearing submissions and considering medical certificates, court confirmed interim protection and disposed of applications.
Acts & Sections
- Code of Criminal Procedure, 1973: 438
