Sunil Baban Shishupal And ORS v. State Of Maharashtra

17-ABA-60-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 60 OF 2023

1. Sunil Baban Shishupal

2. Ranjit Sunil Shishupal

3. Pramila Sunil Shishupal ...Applicants

Versus

The State of Maharashtra

...Respondent

.........

Mr. Vijay Agale i/b Ms Manisha Gaikwad for the Applicant. Ms Veera Shinde, APP for the State.

Mr. N.B. Gorane, Otur, Police Station, Present. .........

CORAM : N.R. BORKAR, J.

DATED : 9 JANUARY 2023 P.C. :- This is an application under Section 438 of the Code of Criminal Procedure for anticipatory bail.

2.

The applicants are apprehending their arrest in Crime No. 488 of 2022 registered at Otur police station for the offences punishable under Sections 143, 147, 148, 149, 327, 504, 506 of the Indian Penal Code. 3.

I have heard the learned counsel for the applicants and the learned APP for the respondent-State.

4.

There is a dispute between the parties in relation to the agricultural land bearing Gat No. 1307 at village Dingore and both the parties are claiming to the owner of the said land.

5.

According to the prosecution, on the day of incident, which took MJ Jadhav 1 / 2

17-ABA-60-23.odt place on 30 October 2022, the present applicants and other co-accused assaulted the complainant and his family members as they try to prevent the applicants from forcibly taking possession of disputed land. 6.

Prima facie, the incident does not appear to be premeditated. I have perused the injury certificate. There are no grievous injuries. There are no other criminal antecedents. Considering these facts and circumstances, I am inclined to release the applicants on anticipatory bail. Hence, the following order is passed:

(i) Application is allowed.

(ii) In the event of arrest of the applicant No. 1 Sunil Baban Shishupal, applicant No. 2 Ranjit Sunil Shishupal and applicant No. 3 Pramila Sunil Shishupal in Crime No. 488 of 2022 registered at Otur police station for the offences punishable under Sections 143, 147, 148, 149, 327, 504, 506 of the Indian Penal Code, they shall be released on anticipatory bail on furnishing PR bond in the sum of Rs. 25,000/- each with one or two Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2023.02.01 16:59:07 +0530 MANGALTAI JAYWANT JADHAV sureties in the like amount.

(iii) The applicants shall attend the concerned police station from 16 January 2023 to 18 January 2023 and shall co-operate in the investigation. ( N.R. BORKAR, J. ) MJ Jadhav 2 / 2