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Bombay High CourtABA/1399/2019allowed

Navin Ram Walke v. The State Of Maharashtra

2021-02-09Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1399 OF 2019 Navin Ram Walke .... Applicant

Versus

The State of Maharashtra .... Respondent ______ Ms. Vishakha V. Pandit, Advocate i/b. Prashant D. Jadhav, Advocate for the Applicant.

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

DATE : 09th FEBRUARY, 2021 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.144/2019 registered at Ranjangaon MIDC Police Station, District - Pune on 19.4.2019 under Sections 386, 504, 506 read with 34 of the Indian Penal Code.

2.

Heard Ms. Vishakha V. Pandit, learned Advocate for the Applicant and Smt. A.A. Takalkar, learned APP for the State. 3.

The FIR is lodged by one Pandit Navale. He has stated that he has an ancestral land in Karegaon village. He has a well in his land. He was in the business of supplying water from that well for construction etc.. It is alleged in the FIR that the Applicant was Deshmane (PS)

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interfering with his business. He was threatening his workers. He had threatened the informant on an earlier occasion. On 19.4.2019, again the Applicant came to the informant'

s land with his 4 to 5 associates and again threatened him. He demanded Rs.50,000/- per month as extortion money. He threatened to cause serious injuries to the informant if the amount was not paid. On this basis, the FIR is lodged. 4.

Learned Counsel for the Applicant submitted that no such incident had taken place and because of previous dispute this false FIR is lodged.

5.

Learned A.P.P. relied on the investigation papers containing statements of eye witnesses who have supported the case of the first informant.

6.

I have considered all these submissions. The Applicant was protected by an interim order dated 1.7.2019. Since then he was under protection over a long period. He was also directed to attend the concerned police station from 10th to 12th July, 2019. On specific query asked to learned A.P.P., she submitted that there is no report of any fresh trouble between the parties.

7.

In this view of the matter, custodial interrogation of the

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Applicant in this particular case after a long lapse of period is not likely to reveal anything further. The investigation can go on. The Applicant will still have to cooperate with the investigation. Therefore, I am inclined to grant final order in this application granting anticipatory bail to the present Applicant. Hence, the following order :

ORDER

(i) In the event of his arrest in connection with C.R.No.144/2019 registered with Ranjangaon MIDC 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 attend the concerned police station as and when called and shall cooperate with the investigating agency. (iii) In addition, the Applicant shall attend the concerned police station once a month, for a period of one year from today. (iv) Anticipatory Bail Application stands disposed of accordingly. (SARANG V. KOTWAL, J.) Deshmane (PS)