Ravindra S/O Kalyan Gadade And ORS v. The State Of Maharashtra And ANR
-:(1):- FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.
Court's or Judge's orders.
CRIMINAL APPLICATION NO. 802 OF 2015 RAVINDRA S/O KALYAN GADADE & ORS
VERSUS
THE STATE OF MAHARASHTRA & ANR ...
Advocate for Applicant : Mr. Gaware Niteen V. APP for Respondents Nos.1 and 2: Mrs. B.B.Gunjal. *** CORAM: T. V. NALAWADE, J.
DATED: 27th FEBRUARY, 2015.
PER COURT:
1.
The application is filed for relief of anticipatory bail. 2, Both the sides are heard.
3.
This Court has perused the papers of investigation. 4.
The crime is registered on the basis of report given by one Dashrath Bapu Damre. His wife is Sarpanch of village Benwadi since year 2010. According to him, there is some dispute between his group and the group of the applicants. According to him, the group of the applicants had suspicion that he was behind the complaint given to police in respect of the theft of a D.P. According to him, on 1st January, 2015 out of this suspicion, at about 09.00 a.m. the applicants
-:(2):- intercepted him and they along with others assaulted him. Allegations are made against Rewannath that he gave blow of an iron bar and he also took two gold rings. There are allegations against Ramesh Dhumal that he took out amount of Rs.20,000/-. Allegations are made that they gave abuses in the name of his caste which is scheduled caste. 5.
During arguments, learned counsel for the Applicants took this Court through the record showing that Ramesh Dhumal had given report to A.C.P. on 10th September, 2012 that the aforesaid complainant had demanded bribe of Rs.5,000/- for handing over the cheque of the amount to which Ramesh was entitled from village Panchayat. Trap was led and it was successful. Copy of the charge sheet is produced to show that case is filed for offence under section 420 of I.P.C. and under the provisions of Section 9 of P.C. Act, 1988 against the present complainant. He has produced record showing that the persons of the opposite group had given complaint against the present complainant that he was giving threats of involving them in false case under Atrocities Act.
6.
During argument, learned counsel for the Applicants submitted that, on instructions, he wants to withdraw the application of Applicant Nos.1 and 2. This Court had expressed that the Court is not inclined to grant relief to Applicant Nos.1 and 2. So, their application is disposed of as
-:(3):- withdrawn.
7.
The application of Applicant No.3 Ramesh Mahadeo Dhumal is allowed in view of the aforesaid peculiar circumstances. In case of his arrest in C.R. No.3 of 2015 registered at Karjat Police Station, district Ahmednagar for the offences under sections 149, 395, etc. of I.P.C. and sections 3 (1) (x) and 3 (2) (5) of S.C. and S.T. (Prevention of Atrocities) Act, Applicant No.3 Ramesh Mahadeo Dhumal is to be released on bail on his furnishing P.R. and S.B. of Rs.15,000/-. He is not to tamper with the prosecution witnesses. He is not to commit similar offence. He is to deposit Rs.20,000/- within 7 days in the crime, in the police station and the amount is to be accepted by the police as "stolen property", the decision on which will be subject to the decision of the main case itself. The Applicant No.3 Ramesh Mahadeo Dhumal is also to attend the concerned police station on every Sunday between 09.00 a.m. and 12.00 p.m. for a period of one month and he is to cooperate to the police during investigation.
[T. V. NALAWADE, J.] Dt.27/02/2015 ans/802