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Bombay High CourtABA/921/2024application allowed

Shivaji Yashwant Patil And Another v. The State Of Maharashtra And Another

2024-10-07Hon'Ble Shri Justice Kishore C. Sant3 pages

2024:BHC-AUG:24041

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

1 ANTICIPATORY BAIL APPLICATION NO. 921 OF 2024 1.

Shivaji S/o Yashwant Patil.

2.

Sharad S/o Yudhavir Patil.

... Applicants

Versus

The State of Maharashtra and another.

... Respondents ...

Advocate for Applicant : Mr. Shrikant G. Kawade. APP for Respondent/State : Mr. K. S. Patil.

...

CORAM :

KISHORE C. SANT, J.

DATE :

07th October, 2024.

P.C.:

.

This application is filed seeking release of the applicants on bail in the event of arrest in connection with FIR No.181 of 2024, registered with Killari Police Station, Taluka Ausa, District Latur, for the offences punishable under Sections 327, 323, 427, 504, 506, 143, 147 and 149 of the Indian Penal Code and under Section 135 of Maharashtra Police Act.

The allegations against the present applicants are that they abused the informant when he had been to the village for campaigning of the candidate in the election. It is further alleged that applicant No.2 / Sharad has removed a gold ring of the informant from

his finger and applicant No.1 / Shivaji snatched away the gold locket of Rs.52,000/- and also removed amount of Rs.32,000/- from the pocket of the informant. The informant, therefore, ran away from the spot. The learned APP opposes the application stating that the offence is serious. If the applicants are granted protection, there will be further law and order situation and prays for rejection of the application.

Looking to the allegations against the applicants, it is seen that the allegations are not serious and appear to be only because of the political rivalry. Prima-facie case is made out for grant of bail. Hence, the following order is passed:-

O R D E R

I.

The application is allowed.

II.

In the event of arrest the applicants in connection with FIR No.181 of 2024, registered with Killari Police Station, Taluka Ausa, District Latur, for the offences punishable under Sections 327, 323, 427, 504, 506, 143, 147 and 149 of the Indian Penal Code and under Section 135 of Maharashtra Police Act, they be released on executing P.R. bond in the sum of Rs.15,000/- each with one solvent surety each in the like amount, on the following conditions:

a) The applicants shall attend the concerned police station as and when called for, till filing of the charge-sheet.

b) The applicants shall not tamper the evidence and shall not contact any of the witnesses.

[ KISHORE C. SANT, J. ] nga