Raj Santosh Shinde And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1327 OF 2021 Raj Santosh Shinde & Anr.

..

Applicants

Versus

The State of Maharashtra ..

Respondent ...

Mr.Saurabh Butala for the Applicants.

Mr.S.H.Yadav, APP for the State.

AOI Subhash A. Jahdav attached to Kolad Police Station, Raigad present.

...

CORAM: BHARATI DANGRE, J.

DATED : 17th AUGUST, 2021 P.C:- 1.

There are two applicants in this application, who have been admitted to interim protection by order dated 02/06/2021. Considering that one Pratik Salvi had suffered fractures and the applicants were not attributed any role in assaulting Pratik Salvi, they were held entitled for the interim protection. They were directed to attend the police station and it is the submission of the learned counsel appearing for the applicants that they have complied with the said directions. There is no denial to the said statement by the Investigating Officer. The supplementary statement of the complainant is recorded on 03/05/2021. As far as the present applicants are concerned, the complainant states that the two accused M.M.Salgaonkar

2/2 9(b) ABA-1327-21.doc persons alongwith three to four persons, approached him and ransacked his farmhouse and also picked up an amount of Rs.3,500/- from his pocket. Even accepting the said statement as it is, the applicants, no doubt, will face the trial being charged with common object attributed to them, since the crime also invokes Section 149 of IPC. However, in light of the material placed on record and specific reference to the injury sustained by the injured, which are not attributed to the applicants, the interim protection in favour of the applicants deserves a confirmation and is accordingly confirmed, subject to the stipulation that they shall continue to render all their co-operation to the investigating machinery.

( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar