Balaji Chandrasen Munde And Others v. The State Of Maharashtra And Another

2024:BHC-AUG:13116 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 942 ANTICIPATORY BAIL APPLICATION NO. 59 OF 2024 1) Balaji Chandrasen Munde 2) Vinod Shivaji Munde 3) Rinku @ Tushar Sanjay Munde ...Applicants versus 1) The State of Maharashtra 2) The District Superintendent of Police,

...Respondents

Beed ...

Advocate for Applicant : Mr. S.S. Thombre APP for Respondents: Mr. S.P. Sonpawale Advocate to assist A.P.P. : Mr. P.A. Pisal .....

CORAM : SHIVKUMAR DIGE, J.

DATED : 3rd JULY, 2024.

PER COURT :- 1.

The applicants apprehend arrest in connection with crime No.680 of 2023 registered with Kaij Police Station, district Beed, for the offences punishable under sections 141, 143, 144, 145, 147, 307, 148, 149, 504, 506 of the Indian Penal Code.

2.

It is the prosecution's case that on 20.11.2023 at about 8.40 a.m. the informant was in his home. At that time, he received a telephonic call of Arun Chate and told him that the applicants and coaccused had come alongwith sprinklers and pipe in the Gram

-2Panchayat office and asked the informant alongwith all his family members to come to Gram Panchayat office. Therefore, the informant, his son and other family members went to Gram Panchayat office. At that time, they saw the applicants and coaccused persons in the Gram Panchayat Office. There Arun Chate said to the informant that the applicants and co-accused have made the accusation that the informant and his family members had cut the pipe of sprinklers. The informant replied that they did not cut the pipe. The co-accused Chandrasen said that the informant alongwith others should come to the Tambeshwar Temple and swear upon that they did not cut the pipe. Accordingly, at about 9.00 a.m. they all went to Tambeshwar Temple.

In the temple, the informant and others by placing their hands on the Nandi Idol sworn that they did not cut the pipe. At that time, co-accused Shivaji Munde said the informant that he had cut the pipes and taken false swear on the God and he would not leave them alive. Saying so, Shivaji Munde by the means of sickle in his hand assaulted Dattatraya Munde on his head and tried to kill Dattatraya. The Co-accused Chandrasen by means of sharp weapon in his hand assaulted on the head of Padmakar Munde. Ramkisan Munde tried to save Dattatraya and Padmakar. At that time, co-accused Sanjay Munde assaulted Padmakar by means of stone on his head. The informant and others went to rescue the injured. At that time, the applicant Nos.

-3assaulted by pelting stones on them. They all abused and threatened them of dire consequences. Thereafter report was lodged against the applicants and co-accused.

3.

It is the contention of the learned counsel for the applicants that the applicants have been falsely implicated in this case. The injury certificate of the injured shows that the nature of injuries are simple. It was the dispute over the field. The custodial interrogation of the applicants is not required. Hence he requested to allow the application.

4.

It is the contention of the learned APP assisted by Mr. Pisal, learned counsel, that the applicants had assaulted the witnesses by stones by abusing the witnesses. Yet the investigation is not completed. The custodial interrogation of the applicants is required. Hence he requested to reject the application. 5.

I have heard all the learned counsel. Perused the F.I.R. and the police papers produced on record. The only allegations against the applicants are that they assaulted the witnesses by pelting stones in which the witnesses have sustained simple injuries. Considering the nature of injuries caused to the witnesses, the custodial interrogation of the applicants is not required. Hence I pass the

-4following order :-

O R D E R

(i) The application is allowed.

(ii) The interim anticipatory bail order dated 16.01.2024 passed in this application stands confirmed on the same terms and conditions with following modification:- (a) the applicants shall attend the concerned police station as and when required by the Investigating Officer. (SHIVKUMAR DIGE, J.) rlj/