Rajesh Dinkar Konde v. The State Of Maharashtra

ppn 1 21.aba-1311.17 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1311 OF 2017 Rajesh Dinkar Konde ..

Applicant Vs.

State of Maharashtra ..

Respondent --- Mr.M.S. Mohite i/by Mr.Hrishikesh P. Giri for the applicant. Mr.A.P. Palkar, Additional Public Prosecutor for the respondent. --- CORAM : T.V. NALAWADE, J.

DATE : 9th August 2017 P.C. :

.

The application is filed for the relief of anticipatory bail. Both the sides are heard. Papers of investigation were made available for perusal of this Court.

2.

Papers of investigation show that two cross cases were filed in respect of the incident dated 9th March 2017. There is some dispute between the present applicant and the first informant's family over the space situated between their lands. Allegations are made that on that day, the quarrel took place. In the quarrel, the present applicant assaulted the husband of the complainant and others and they sustained injuries. Allegations are made that in the incident, the complainant lost her gold ornaments worth Rs.1,02,000/-. The said ornaments are described in the First Information Report. Submissions made show that in the counter case, the anticipatory bail was given to the persons of the other side, the persons of the complainant's side. A copy of the order made by this Court in Anticipatory Bail Application No.869 of 2017 dated 23rd June 2017

ppn 2 21.aba-1311.17 .doc is produced on record. In that case, there was material that fracture injury sustained by one person of the applicant's side. That crime was also registered for offences punishable under Section 395, 397, 354 etc. of the Indian Penal Code but the relief was granted to the opposite side. 3.

In the present matter, the person of the complainant's side sustained a simple injury though Doctor tried to describe one injury as a grievous injury. In view of these circumstances, this Court holds that a similar protection needs to be given to the present applicant. In the result, the application is allowed. Interim relief granted by this Court by an order dated 26th July 2017 in this matter is confirmed subject to some conditions like cooperation of the present applicant to the police and he is to visit the concerned police station on four consecutive Sundays between 9.00 a.m. and 12 noon for a period of one month. T.V. NALAWADE, J.