Bombay High Court
Subhash Eknath Pawar And Others vs The State Of Maharashtra on 29 July, 2025
1209.25aba
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
909 ANTICIPATORY BAIL APPLICATION NO. 1209 OF 2025
Subhash Eknath Pawar
Sandip Subhash Pawar
Dipak Subhash Pawar
VERSUS
The State Of Maharashtra
.....
Mr Vishal H. Rathod, Advocate h/f Mr Harish Bhambare, Advocate for
Applicants.
Mr A. M. Phule, APP for respondent/State.
.....
CORAM : ADVAIT M. SETHNA, J.
DATE : 29 JULY 2025
P. C. :
1. Heard learned Advocates for the parties.
2. The application is listed for the first time today.
3. Issue Notice to the Respondent, returnable on 05 August
2025 (HOB). Learned APP Mr Phule waives service of notice on
behalf of Respondent/State.
4. The Application is filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, as the Applicants
apprehend arrest. The proceedings relate to the Crime No.0243/2025.
1209.25aba
(2)
The first information report has been lodged on 30 May 2025 at 19:02
hours by the Ashti Police Station, Dist. Beed for the alleged offences
under Sections 92(a) of the Rights of Persons with Disabilities Act,
2016; under Sections 115(2), 324(2), 351(2), 351(3), 352 read with
Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. The occurrence of
the offence is shown on 28 May 2025. There are four accused persons
as named in the FIR. The informant is one Kanif Raghunath Pawar,
aged about 42 years, who appears to be suffer from some decease.
5. With the assistance of the learned Advocate for the
Applicants and the learned APP Mr Phule, I have gone though the FIR
and the record available with the Court.
6. Bare perusal of the FIR, it appears that the incident relates
to 28 May 2025 at about 4:00 hours where there has been some stone
pelting at the cowshed of the informant. It also appears that quarrel
started and during such quarrel it appears that some offensive language
was used by the accused against the informant as also there is
allegations of abusing and assaulting to the informant with kicks and
fist blows. In such circumstances, the report was lodged and the FIR
came to be registered.
1209.25aba
(3)
7. Bare perusal of the FIR, it appears that there is no specific
role attributed to the present Applicants. The allegations against the
present Applicants appear to be general and omnibus in nature. A bare
perusal of the alleged offences would reveal that most of them are
bailable. Prima facie, the provisions of Section 92(a) of the Rights of
Persons with Disabilities Act, 2016, which are invoked, may not be
attracted as far as the present Applicants are concerned in the given
facts and circumstances, particularly, considering the incident as noted
in the FIR. The Applicants have no criminal antecedents. Learned
APP Mr Phule, in the meantime, would take specific instructions.
8. Considering the factual matrix as noted above, prima
facie, I find that the Applicants deserve some protection at this stage
by passing following order :-
ORDER
(i) Until adjourned date of hearing, in the event of arrest of the Applicants in connection with C.R. No. 0243/2025 registered with Ashti Police Station, District Beed, for the offences punishable under Sections 92(a) of the Rights of Persons with Disabilities Act, 2016 and under Sections 115(2), 324(2), 351(2), 351(3), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, the Applicants 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.
1209.25aba (4)
(ii) The Applicants shall attend the concerned Police Station on every Thursday, Friday and Monday at 11.30 am, until the further orders and shall cooperate with the investigation.
(iii) The Applicants shall furnish details of residential address and other contact details such as the mobile number etc. to the concerned Police Station. If there is any change in the contact details, the same shall be immediately informed to the concerned Police Station.
(iv) The Applicants shall not leave the jurisdiction of the competent Court without prior permission, until further orders.
(v) They shall not contact and/or influence the witness/es and/or tamper with the evidence in any manner whatsoever.
9. List the Application for further consideration/hearing on 05 August 2025 (High on Board).
10. The protection granted today in favour of the Applicants shall continue till the adjourned date of hearing.
[ADVAIT M. SETHNA, J.] sjk