Satish Anandrao Jadhav v. The State Of Maharashtra And Another

2024:BHC-AUG:2407 1 54-ABA-116-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 116 OF 2024 SATISH ANANDRAO JADHAV

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. Dhananjay M. Shinde, Advocate for Applicant Mr. A.R. Kale, APP for Respondents - State ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 05th FEBRUARY, 2024 PER COURT :

1.

Applicant apprehends arrest in C.R. No.469/2023, registered with Kurunda Police Station, Hingoli, for offence punishable under Sections 307, 109, 324, 504, 506 r/w 34 of the Indian Penal Code.

2.

FIR is lodged by Bhagwan Shamrao Narwade, alleging that at the instance of applicant, who is District President of Sambhaji Brigade, members of Sambhaji Brigade and others assaulted him with chopper, iron rod, etc.

3.

Heard learned advocate for applicant and learned Additional Public Prosecutor for State. Perused the investigation papers.

4.

According to applicant, there is civil dispute going on between owner of Gut No.232 Shaikh Amir Shaikh Mastan and employer of informant. Shaikh Amir Shaikh Mastan has filed Regular SVH

2 54-ABA-116-24.odt Civil Suit No.49/2022, in which Shalinibai Shankar Mane is defendant No.12. Employer of informant Shankar Hanuman Bangar has purchased part of land Gut No.232, admeasuring 4 Gunthas from Deepak Shankarrao Mane. It is also alleged in the FIR that when informant went in the said land of his employer, applicant was installing iron sheds on the said land.

5.

Accused Maroti Mule and Chakradhar Dalvi are arrested and weapons allegedly used in the crime are recovered. Applicant claims to be working as Assistant Teacher, will lose his job, if he is arrested.

6.

There appears substance in contention of applicant that due to dispute about agricultural land his name is implicated in present crime. FIR is lodged on 28/12/2023. Investigation appears to be on the verge of completion. Pre-trial custodial detention of applicant, in the facts of present case is not necessary. Hence, the application is allowed by confirming interim protection granted to applicant by order dated 22/01/2024.

7.

Till filing of charge-sheet, applicant shall attend concerned police station as and when called by investigating ofÏcer and shall co-operate in the investigation. Applicant shall not tamper prosecution evidence.

(NITIN B. SURYAWANSHI, J.) SVH