Shivaji Gulab Jadhav And ANR v. The State Of Maharashtra
IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD 911 CRIMINAL APPLICATION NO. 1949 OF 2017 WITH APPLN/1939/2017 SHIVAJI GULAB JADHAV AND ANR
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicants : Mr. Amit S. Savale APP for Respondent/State : Mr. S.M. Ganachari Advocate for assisting APP : Mr. V.D. Sapkal ...
CORAM : T.V. NALAWADE, J.
DATED : May 3, 2017.
ORDER :
1.
The application is filed for relief of anticipatory bail. Both the sides are heard. Learned counsel Shri. V.D. Sapkal was permitted to assist the learned APP. Papers of investigation were made available to this Court for perusal.
2.
The crime at C.R. No. 72/17 is registered in Dhule Tahsil Police Station against the present applicants and others for the offences punishable under sections 307, 325, 149 etc. of I.P.C. The family of first informant and the present applicants are close relatives and applicant Shivaji Jadhav is cousin of father of complainant. Some dispute is going on between the parties over the agricultural land and civil suit is also pending. There is some dispute over the open space lying around their houses. On the backside of the house of the first informant, there are houses of
the cousins of her father like Bhaulal and Shivaji (applicant No.1). Applicant No. 2 is brother of applicant No. 1. 3.
Allegations are made that on 8.3.2017 at about 6.30 p.m. when the first informant saw that the sticks used for erecting cattleshed were being removed by Bhaulal and his sons, she went there. According to her, quarrel started and during quarrel, the family members of Bhaulal gathered there and even present applicants went there. Allegations are made that during quarrel scuffle took place and in the incident Bhaulal used axe against Sanjay and members of family of Bhaulal also used weapons against the other members of her family. Allegations are made against the present applicants that they assaulted the family members of the first informant with fist blows and kicks.
There is statement of Rajesh, injured person and it also shows that he has made allegations that applicants had assaulted all the members of family of first informant with fist blows and kicks. The injury certificates are there. The injury certificate in respect of Rajesh shows sutured wounds over parietal area and frontal area were found and there was fracture of right leg, tibia fibula. Due to fracture, the injuries are described as grievous. There was sutured wound over parietal region of Sanjay and there was injury to pinna left. Due to injury to pinna, the injuries are described as grievous in nature.
to the act of Bhaulal and members of his family and that was mainly in respect of cattelshed of the first informant. The submissions made show that against the family of the first informant, report was given by Gangabai Bhaulal Jadhav, wife of Bhaulal and the said crime is registered for the offences punishable under sections 307, 149 etc. of I.P.C. This report does not show that the present applicants are shown even as witnesses in the F.I.R. by Gangabai Jadhav. In view of these circumstances, this Court holds that protection needs to be given to the present applicants by granting them relief of anticipatory bail.
4.
In the result, the application is allowed. Interim relief granted in favour of both the applicants is hereby confirmed. They are to attend the concerned police station on every Sunday between 9.00 a.m. and 12.00 noon for the period of one month and they are to cooperate the police during investigation. 5.
In Criminal Application No. 1939/17, learned counsel Shri. Savale submits that he has instruction to file appearance for respondents/accused. So, his name is to be shown as counsel for accused. This matter will be heard on 7.6.2017. [ T.V. NALAWADE, J. ] ssc/