Ganesh Sahebrao Wadile v. The State Of Maharashtra And Another

2024:BHC-AUG:9273 {1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 448 OF 2024 Ganesh Sahebrao Wadile ....Applicant

VERSUS

The State Of Maharashtra And Another .....Respondents .....

Mr. N.N. Desale, Advocate for applicant Mr. S.R. Wakle, APP for State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 02nd MAY, 2024 ORDER :

1.

Applicant apprehends arrest in C.R. No. 392/2023, registered with Dondaicha Police Station, Dist. Dhule, for offences punishable under sections 307, 395, 143, 147, 149, 323, 504, 506 of the Indian Penal Code.

2.

FIR is lodged by Ramkrushn More alleging that on 17.12.2023, during Zilla Parishad election he was appointed as polling booth representative of Prabhakar Raghunath Patil from Bhartiya Janta Party and as such he was present at the voting center. At about 12.30 pm, Arun came there and started abusing informant. When informant came out, he threatened to kill him and left the place. Informant continued his work. At about 5.30

{2} pm, after the voting process, while informant was proceeding to his home, at about 6.00 to 6.30 pm, Arun, Mahindra, Vakil, Rahul, Hemant, Pravin, Deepak, Ganesh, Raosaheb and Dnyaneshwar came there and attacked informant. Accused Arun and Mahendra caught hold the informant from back. Accused Vakil and Rahul held hands of informant. Accused Hemant held the legs of informant. Accused Pravin and Deepak started punching on stomach of informant, with intention to kill him, knowing well that informant's gastric operation has been conducted already. Accused Ganesh, Raosaheb and Dnyaneshwar with intention to kill informant assaulted with fists and kick blows on stomach. On provocation by accused Arun, all accused persons started assaulting on informant's stomach by fists and kick blows. At that time accused Ganesh snatched gold chain from informant's neck.

3.

Heard learned advocate for applicant and learned APP for State. Perused the investigation papers. 4.

Prima facie, it is apparent that due to political rivalry present crime is registered by informant. So as to increase the gravity of offence allegations of snatching chain are incorporated in the FIR. Applicant is not habitual offender and has no criminal

{3} antecedents. Taking into consideration the allegations made in the FIR and the fact that crime is registered due to political rivalry and nine accused in the present crime are already released on bail, no useful purpose would be served by remanding applicant to the custody. Applicant was granted interim protection and he has co-operate in the investigation. 5.

In the result, application is allowed by confirming interim protection granted to applicant by order dated 19th March, 2024.

[NITIN B. SURYAWANSHI, J.]