Ajab S/O Abhiman Patil And Others v. The State Of Maharshtra And ANR
1 Cri. Appln. 3101-2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3101 OF 2016 1] Ajab S/o Abhiman Patil 2] Balu S/O Dhudku Patil 3] Vidyadhar S/o Balu Patil 4] Arjun S/o Dayaram Patil 5] Rajendra S/o Abhiman Patil 6] Walmik S/o Goba Patil 7] Shaikh Jamil Ahamad S/o Shaikh Dagadu .. Applicants Vs.
The State of Maharashtra and anr.
.. Respondents .....
Mr. P.B. Patil, Advocate for the applicants Mr. A.S. Shinde, APP for the respondent-State ......
CORAM : N.W. SAMBRE, J.
DATE : 30/06/2016 ORAL ORDER :
Heard.
2.
The applicants are seeking pre-arrest bail in Crime no. 68 of 2016 registered at Bhadgaon
2 Cri. Appln. 3101-2016 Police Station, Dist. Jalgaon for the offences punishable under section 326, 143, 147, 148, 149, 504, 506 and 323 of the Indian Penal Code and under section 37(1)(3) and 135 of the Bombay Police Act, for an alleged incident dated May 20, 2016.
3.
The learned counsel for the applicants submits that the applicants are entitled for prearrest bail, as there are vague allegations against the applicants and in view of the village politics and the narrations in the FIR, which speaks of political background, false implication cannot be ruled out. He would then invite my attention to the FIR dated 20/5/2016 filed by Police Head Constable Sahadev Dhule of Bhadgaon Police Station against the main accused - Vilas Patil, who was taken into custody during the election for the post of Sarpanch of the Sindhi Gram Panchayat.
4.
Learned A.P.P. opposed the application on the ground that the applicants are named in the FIR
3 Cri. Appln. 3101-2016 and their custodial interrogation is necessary. 5.
In view of the political background, as is alleged in the FIR and the fact that there are vague allegations against the applicants, their custodial interrogation is not necessary.
6.
The likelihood of false implication of the applicants on the political ground cannot be ruled out in view of the contents of the FIR dated 20/5/2016 in relation to co-accused Vilas Patil. Hence, the following order:- 7.
In the event of the arrest of the applicants in Crime no. 68 of 2016 registered with Bhadgaon Police Station, Dist. Jalgaon for the offences punishable under section 326, 143, 147, 148, 149, 504, 506 and 323 of the Indian Penal Code and under section 37(1)(3) and 135 of the Bombay Police Act, they be released on bail upon their executing P.R. bonds in the sum of Rs.15,000/- (Rs.
4 Cri. Appln. 3101-2016 Fifteen Thousand) each with one surety each in the like amount.
8.
The applicants shall attend the concerned Police Station, as and when called by the Investigating Officer.
9.
Criminal Application stands disposed of accordingly.
[N.W. SAMBRE] JUDGE arp/-