Sagar S/O Kishor Sawant And ANR v. The State Of Maharashtra And ANR

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 672 OF 2015 Sagar s/o. Kishor Sawant & Anr.

....Applicants.

Versus

The State of Maharashtra & Anr.

....Respondents.

Mr. S.J. Salunke, Advocate for applicants.

Mr. M.M. Nerlikar, APP for State.

CORAM : T.V. NALAWADE, J.

DATED : 16th February, 2015.

ORDER :

1.

The application is filed for relief of anticipatory bail. Both the sides are heard. This Court has perused the papers of of investigation.

2.

The crime is registered on the basis of report given by one Suresh Gund. Marriage of his son was solemnized on 19.8.2014. There is allegation that one Maruti Shetre had visited the residential place of complainant prior to the marriage and he had said that he would see that the marriage is not solemnized. He had informed that in the past, the parents of the girl had agreed to give the same girl in marriage to his son by name Kumar and so, he would not allow son of the complainant to

marry with that girl. Somehow he was convinced and he returned.

3.

The incident in question took place on 22.8.2014. On that day Kumar Shetre entered the house of complainant with his associates and they were holding weapons like sword. They picked up quarrel and they tried to assault the persons from the family of the complainant. Due to shouting of the persons, villagers rushed there and they could hold three of the five persons, who had entered the house of complainant. Two persons, the present applicants, escaped and ran away. The persons who were held like Kumar Shetre gave the names of present applicants. It is contended that one of the two applicants was holding the sword at the relevant time.

4.

The crime came to be registered for the offences punishable under sections 307, 452, 149 etc. of I.P.C. The aforesaid allegations show that serious offence is committed by the present applicants. Even after marriage of that girl, they committed the aforesaid offence and it shows that they do not care for anything. No discretionary relief can be granted in favour of such persons. Such persons need to be arrested. Custodial interrogation needs to be made against them. This

Court holds that no relief can be granted in their favour. 5.

In the result, the application is rejected. The observations are made for the purpose of present proceeding only.

[ T.V. NALAWADE, J. ] ssc/