Shantaram Raghunath Raut And ORS. v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE - CRIMINAL ANTICIPATORY BAIL APPLICATION NO.1498 OF 2014

1. Shantaram Raghunath Raut

2. Sachin Shantaram Raut

3. Prashant Shantaram Raut

4. Mrs. Alpa Sachin Raut .... Applicants Vs.

State of Maharashtra .... Respondent WITH INTERVENTION APPLICATION NO.854 OF 2014 IN ANTICIPATORY BAIL APPLICATION NO.1498 OF 2014 Shantaram Raut and others .... Applicants Vs.

State of Maharashtra .... Respondent And Pratap Damodar Raut .... Complainant Mr. Kuldeep S. Patil for the Applicants.

Ms P.P. Shinde, APP, for the State.

Mr. Kunal Kode for the Original Complainant.

Mr. R.B. Varadkar, PSI, Vasai Police Station, present.

CORAM: REVATI MOHITE DERE, J.

DATED: APRIL 07, 2015 P.C:

1.

Heard the learned counsel for the

applicants and the learned APP for the respondent-State.

2.

By this application, the applicants seek pre-arrest bail in connection with C.R. No.I-27 of 2014, registered with the Vasai Police Station, District Thane for the alleged offences punishable under Sections 379, 504 and 506 r/w Section 34 of the IPC.

3.

The complainant is one Pratap Damodar Raut. He is related to the applicants.

Applicant No.1-Shantaram Raghunath Raut, aged 79 years, is the uncle of the complainant. Applicant No.2-Sachin Shantaram Raut and applicant No.3-Prashant Shantaram Raut are the cousins of the complainant and applicant No.4Mrs. Alpa Sachin Raut is the wife of applicant No.2. It is alleged by the complainant that on 19-1-2014, at about 8:45-9:00 a.m., applicant

Nos.1 and 2 stole iron rods from the complainant's compound, which were installed by the Government officials. Pursuant to the said incident, the complainant lodged a complaint with the police, however, C.R. came to be registered only on 6-2-2014.

4.

The learned counsel for the applicants submitted that there is a long on-going dispute from 1992, between the applicants and the complainant with regard to the ancestral property. He submitted that till date more than 60 complaints, i.e. NCs and regular complaints, have been filed by either sides, as against each other. There is also a civil dispute with respect to the ancestral property pending in the Court.

5.

Considering the nature of the allegations and the background of the case, the

applicants are entitled to pre-arrest bail on the following terms and conditions:

ORDER

(i) That in the event of their arrest, the applicants be released on bail in the aforestated C.R. number on furnishing P.R. Bond in the sum of Rs.5,000/- each with one or two local sureties in the like amount.

(ii) Applicant Nos.2 and 3 shall attend the Vasai Police Station on every Saturday between 10:00 a.m. to 11:00 a.m. for a period of six weeks.

6.

The application is allowed in the aforesaid terms and accordingly stands disposed of.

7.

In view of the above, Intervention Application No.854 of 2014, which is not on

Board, also stands disposed of.

8.

Parties to act on the authenticated copy of this order.

(REVATI MOHITE DERE, J.)