Narendra Jaysing Girase And Others v. The State Of Maharashtra

1 Cri. Appln. 1181-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1181 OF 2016 1] Narendra Jaysing Girase Age 29 years, Occu. Agriculture 2] Dinesh Jaysing Girase Age 25 years, Occu. Education 3] Rakesh Suratsingh Girase Age 26 years, Occu. Agriculture 4] Bapu Guman Girase Age 45 years, Occu. Agriculture 5] Narendra Bapu Girase Age 26 years, Occu. Education 6] Bhagwan Sattarsingh Girase Age 28 years, Occu. Agri.

All are R/o Sonselu, Tq. Shindkheda, Dist. Dhule .. Applicants Vs.

The State of Maharashtra Through the Inspector, Shindkheda Police Station, Shindkheda, Dist. Dhule .. Respondent .....

Mr. B.R. Waramaa, Advocate for the applicants Mr. U.S. Mote, APP for the respondent-State ......

CORAM : M.T. JOSHI, J.

DATED : 28/03/2016 ORAL ORDER :

2 Cri. Appln. 1181-2016 Heard both sides.

2.

The present applicants, who are apprehending their arrest at the hands of Shindkheda Police Station, Tq. Shindkheda, Dist. Dhule in Crime no. 18 of 2016 for the offences punishable under section 395, 143, 147, 323, 324, 452, 504, 506 r/w. 34 of the Indian Penal Code and under section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and under section 7(1)(d) of the Protection of Civil Rights Act, are praying for their release on pre-arrest bail. 3.

Interim protection was already granted to the applicants vide order passed by this Court dated 24th February, 2016.

4.

The papers on record would show that the allegations of the complainant that he was present for the Gramsabha dated 26/01/2016 may not be correct, as the record of the Gram Panchayat does not show his presence at that time. Further, if the numbers of the

3 Cri. Appln. 1181-2016 accused and allegations of beating by them are prima facie appreciated with the copy of the injury certificate submitted by the learned A.P.P. for perusal, it would show that there may be involvement of more accused in the case. Further political rivalry is prima facie established.

5.

Considering all the facts on record, without making any further on the merit, the interim protection granted by this Court vide order dated 24th February, 2016 is hereby made absolute on the same terms and conditions.

6.

Application is accordingly disposed of.

[M.T. JOSHI] JUDGE arp/-