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BOMBAY HIGH COURT - BENCH AT AURANGABAD
V. G. BISHT, J
Sakharam s/o Rambhau Divte – Appellant
Versus
The State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Mansi N. Ghanekar h/for Mr. N.S. Ghanekar, Mr. Salunke, Mr. N.T. Tribhuwan
For the Respondents: Mr. V.M. Kagne, Mr. V.S. Badakh

2. The learned A.P.P., at the very threshold, makes a statement that accusations against the applicants in Anticipatory Bail Application Nos.224/2021, 227/2021 and 234/2021 have been withdrawn by the informant. Therefore, interim relief operating in favour of these applicants is made absolute and confirmed.

3. As far as Anticipatory Bail Application No.242 of 2021 is concerned, Mr. Salunke, learned counsel for the applicant, at the very outset, submitted that there is delay of two days in lodging the first information report despite the fact that the police station is at a distance of one km. from the residence of the informant. The learned counsel, in the light of the statement made by the learned A.P.P. that accusations against remaining three applicants have been withdrawn by the informant, submitted that the same could not have been done, if it is the case of the prosecution that the deceased had given oral dying declaration as to the cause of his death. The learned counsel also invited my attention to Exhibit- F, Page 41 and pointed out that the deceased, under the relevant Maharashtra Civil Service Rules (Conduct), was suspended because of breach of services rules. According

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