Rohit Subhash Ralebhat And ANR v. The State Of Maharashtra And ANR
1 Applications 1832 & 1710/2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD Criminal Application No. 1832 of 2017 With Criminal Application No.2032 of 2017 1) Rohit Subhash Ralebhat 2) Atul Ashok Jadhav.
.. Applicants.
Versus
* The State of Maharashtra. .. Respondent. ---- Shri. Abhijit More, Advocate, for applicants. Shri. A.R. Borulkar, Additional Public Prosecutor, for respondent.
---- With Criminal Application No. 1710 of 2017 Rohit s/o Ratnakar Ralebhat.
.. Applicant.
Versus
The State of Maharashtra. .. Respondent. ---- Shri. Kishor D. Khade, Advocate, for applicant. Shri. A.R. Borulkar, Additional Public Prosecutor, for respondent.
-----
2 Applications 1832 & 1710/2017 Coram: T.V. NALAWADE, J.
Date: 18 April 2017 ORDER:
1) Criminal Application No.2032/2017 in Criminal Application No.1832 of 2017 filed for permission to assist the learned Additional Public Prosecutor is allowed. The applicant is permitted to assist the APP. He is not permitted to address the Court.
2) Both the applications are filed for relief of anticipatory bail. Both the sides are heard. The papers of investigation were made available to this Court for perusal.
3) Crime at CR No.I-23/2017 is registered in Jamkhed Police Station, District Ahmednagar for offences punishable under sections 326, 324, 143, 147, 148, 149 etc. of the Indian Penal Code on the basis of report given by one Suyog Rajendra Pandav of Jamkhed. There are some groups in the village. Allegations are made against one group headed by one Yeshwant Ralebhat. Allegations
3 Applications 1832 & 1710/2017 are made that in the incident dated 17-2-2017 at about 8.30 p.m. present applicants, their leader Yeshwant and others had come to the complainant. They had asked him not to keep contact with Prithwiraj Group Ganesh Mandal. Allegations are made that at 9.00 p.m. when he was present in the compound of his house, all these persons again came and at that time Yeshwant was holding one axe, some boys were holding sticks. Allegations are made that, Yeshwant gave blows of axe on his left ear and caused bleeding injury to the left ear. Allegations are made that present applicants like Rohit Subhash Ralebhat, Atul Jadhav, and Rohit Ratnakar Ralebhat held him and assaulted by using sticks. Allegations are made against Abhishek Pawar and others that they assaulted with fist blows and kicks. There are statements of eye witnesses. 4) The injury certificate shows that on 17-2-2017 itself he was examined in Mundhe Hospital Jamkhed. Grievous injury was found on his left ear. There was other injury but it was caused with hard object and it was simple in nature.
4 Applications 1832 & 1710/2017 5) So many persons are said to be involved in the incident but only two injuries were found on the person of the complainant.
Considering the possibility of exaggeration and the circumstance that these are the young boys this Court holds that protection needs to be given to the present applicants who had not used dangerous weapons.
6) In the result, their applications are allowed. Interim protection already granted is confirmed. However, they are to attend the concerned police station on every Sunday between 9.00 a.m. and 12.00 noon for the period one month and they are to cooperate police during investigation.
Sd/- (T.V. NALAWADE, J.) rsl