Suraj Sarjerao Jadhav And ANR. v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1199 OF 2021

1. Suraj Sarjerao Jadhav

2. Dnyaneshwar Satish Katkar .... Applicants

Versus

The State of Maharashtra .... Respondent ______ Ms. Shubhada Khot with Bakul Vyas a/w. Jaydeep Shringare for applicants.

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

DATE : 30th JUNE, 2021 (Through Video Conferencing) P.C. :

1.

Applicants are seeking anticipatory bail in connection with C.R.No. 58 of 2021, registered at Pusegaon Police Station, Satara, under sections 353, 427, 504, 506 read with Section 34 of the Indian Penal Code.

2.

Heard Ms. Shubhada Khot, learned counsel for the applicants and Smt. Veera Shinde, learned APP for the State.

3.

The FIR is lodged by one Shailesh Rakshe. He was working with Maharashtra State Electricity distribution Company , sub division Khatav as Deputy Executive Engineer. The FIR mentions that there were outstanding dues of electricity bills and therefore the informant and his colleagues had gone to Pusegaon on 15/3/2019, at 11.00 a.m. in their Bolero vehicle. One Ramchandra Jadhav refused to pay the bill. Therefore, they disconnected his electricity connection. At that time, both the applicants came there and told the informant and others that they wanted to give a written representation to the informant. They told the informant and others to come to Shivaji Chowk and requested the informant not to recover outstanding bills. The informant and others went to Shivaji Chowk. At that time, besides the applicants, two more persons Pratap Jadhav and Dinesh Devkar were present. They abused and threatened the informant. Prashant and Dinkar pelted stones and broke the wind shield of the car. After that all of them went away. On this basis the FIR is lodged.

4.

Learned Counsel for the applicant submitted that the informant and others wanted to disconnect the electricity connection of entire village which would have even affected water supply and would have caused hardship to the villagers. The applicants only wanted to give representation against that. They are falsely implicated. She submitted that in any case the main allegation of breaking the wind shield is against other two accused. Both the applicants had not caused any damage. 5.

Learned APP has sought instructions and has submitted that the prosecution case is reflected in the F.I.R. itself. The statements of eye witnesses are consistent with the narration in the F.I.R.

6.

I have, therefore, considered the submissions made by both sides.As rightly submitted by learned counsel for the applicants, the overt act is attributed to the co-accused and not to the present applicants. There is a strong possibility that the applicants have acted with bonafide intentions in the interest of

public at large and there was no personal interest involved. In this view of the matter, applicants can be protected by an order of anticipatory bail.

6.

Hence the following order.

ORDER

(i) In the event of their arrest in connection with C.R. No.58 of 2021, registered with Pusegaon Police Station, Satara, the applicants are directed to be released on bail on their furnishing P.R. bonds in the sum of Rs.30,000/- each (Rupees Thirty Thousand Only) with one or two sureties each in the like amount. (ii) Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)