Ankush Sadhu Shedge v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1025 OF 2024 Ankush Sadhu Shedge .... Applicant versus The State of Maharashtra .... Respondent .......

• Mr. Atul R. Patil (appeared a/w through VC) Tanmay T. Jadhav, Advocate for Applicant.

• Ms. Mahalakshmi Ganapathy, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 16th APRIL, 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.193/2024 registered at Daund Police Station, District - Pune on 13/03/2024 under sections 306, 323, 504, 506 r/w 34 of IPC.

2.

Heard Mr. Atul R. Patil, learned counsel for the Applicant and Ms. Mahalakshmi Ganapathy, learned APP for the Respondent-State.

Digitally signed by MANUSHREE NESARIKAR Date:

2024.04.22 17:19:50 +0530 MANUSHREE NESARIKAR Nesarikar

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The FIR is lodged by one Bharat Korhale in respect of the suicide committed by his brother Laxman on 12/03/2024. The FIR mentions that in January, 2021 the informant's family had decided to purchase 2 acres of land from the land owners of Gat No.206 at Kalewadi of which Nathuram Shedage, Bayadabai Kangude and Anusaya Shedage were the co-owners. The informant's family paid Rs.30 Lakhs for purchasing that land. On 18/01/2022 an agreement for sale and power of attorney in the name of the informant's wife was executed by the owners. The sale deed was to be executed subsequently. The informant's family sought permission from the Tahsildar, Daund. After that the informant came to know that one Bhagwan Khomane from their village had purchased the same land.

The informant made further inquiries and came to know that an agreement for sale and power of attorney in the name of his wife were cancelled. The informant's father then lodged an FIR on 25/01/2023. They had also filed a Civil Suit in the Court at Daund against the original owners and the subsequent purchasers.

3 / 4 into that land and they used to threaten the informant's family. On 12.3.2024 at about 6.00 p.m. the informant's brother Laxman called the informant on his mobile phone and told him that the present Applicant had some altercation with Laxman and he had assaulted Laxman. It is further mentioned in the FIR that Laxman told the informant that he was going to commit suicide. Laxman committed suicide at about 11.00 p.m. by hanging himself from a tree on the same night. He left behind a suicide note naming all the accused. On this basis, the FIR is lodged.

4.

Learned counsel submitted that this Court had allowed Anticipatory Bail Application No.956/2024 vide the order dated 10/04/2024 granting relief to the co-accused Ashok. The present Applicant's role is much lesser than the said accused Ashok. In fact, no specific role is attributed to the present Applicant at all except mentioning that he was amongst all the other accused. He was preventing the deceased from entering into that land.

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I find force in the submissions of learned counsel for the Applicant that the principles of parity can be applied in the case of present Applicant. Since the accused Ashok is granted anticipatory bail, the Applicant also deserves similar protection. 6.

Hence, the following order :

O R D E R

(i) In the event of his arrest in connection with C.R.No.193/2024 registered at Daund Police Station, District - Pune, 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 cooperate with the investigation.

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