Pushkar Pushpashil Salunkhe v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 681 OF 2021 Pushkar Pushpashil Salunke .... Applicant

Versus

The State of Maharashtra .... Respondent ______ Mr. Ranjeet Patil, for the applicant.

Smt. A.A. Takalkar, APP for the State/Respondent. ______ CORAM :SARANG V. KOTWAL, J.

DATE : 11th MARCH, 2021 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No. 51 of 2021 registered at Bhigwan Police Station, Pune under sections 341, 385, 387, 323, 504, 506 read with Section 34 of the Indian Penal Code.

2.

Heard Mr. Ranjeet Patil, learned counsel for the applicant and Smt. A.A. Takalkar, learned APP for the State.

3.

The FIR is lodged by one Vijay Ambadas Kshirsagar. He has stone crushing unit at village Mhasobachiwadi, Taluka Indapur, District Pune. The present applicant is resident of the same village. It is alleged that, on 10/2/2021, one Somnath Dhamal and the present applicant asked the informant about the rate at which he was selling crushed stones. The informant told him the rate to be Rs. 2400/- per brass. He was willing to give some concession but the applicant and others told the informant to give the same for Rs. 1500/- per brass. There was some dispute. The informant refused. On 11/2/2021, there was some incident between informant'

s son Girish and Somnath Dhamal, in which the informant had given complaint. On 13/2/2021, the informant' s son Girish was going to his stone crusher unit, that time the applicant and Somnath Dhamal, intercepted his vehicle, abused him and threatened him. There is a reference to an incident which had taken place in July 2020 but it was between co-accused Somnath Dhamal and the informant'

s watchman Panchal. On this basis the FIR is lodged.

4.

Learned Counsel for the applicant submitted that there was a old ongoing dispute between the informant and the villagers and out of that dispute this false FIR is lodged against the applicant.

5.

Learned APP opposed this application on the basis of allegations made in the FIR.

6.

I have considered these submissions. From the FIR it appears that the informant'

s case at the highest is about the threats and abuses given by the applicant to him. However, nothing further was done by the applicant. For that custodial interrogation of the applicant will not serve any purpose. Instead the applicant can be directed to attend the concerned Police Station. 7.

Hence, the following order :

O R D E R

(i) In the event of his arrest in connection with C.R.

No.51 of 2021 registered with Bhigwan Police Station, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station as and when called and shall co-operate with the investigation. In addition, the applicant shall report to the concerned Police Station every fortnight till filing of the charge-sheet.

(iii) The Application stands disposed of accordingly. (SARANG V. KOTWAL, J.)