Sanjay S/O. Karbhari Shinde And Others v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3394 OF 2017 Sanjay s/o Karbhari Shinde, Age 47 years, Occ. Agriculture.

... Applicants.

Vikas s/o Ashok Bhoite, Age 31 years, Occ. Agriculture.

Dipak s/o Bhausaheb Pawar, Age 26 years, Occ. Agriculture.

Govind s/o Balasaheb Chaudhari, Age 41 years, Occ. Agriculture.

Sharad s/o Parshuram Gawali, Age 26 years, Occ. Agriculture.

Pratap s/o Vasant Patare, Age 32 years, Occ. Agriculture.

Dnyaneshwar s/o Baban Kale, Age 32 years, Occ. Agriculture.

Gangaram s/o Devrao Abhang, Age 42 years, Occ. Agriculture.

All R/o. Bhokar, Tq. Shrirampur, District Ahmednagar.

V E R S U S The State of Maharashtra.

Through Police Inspector, Taluka Police Station Shrirampur, District Ahmednagar.

... Respondent.

Mr.K. M. Gadve Patil,learned Advocate for the Applicants.

Mr. A.S.Shinde, A.P.P. for the respondent/State

CORAM : K.L. WADANE, J.

DATE : 18th July, 2017 ORDER :

1.

Heard Mr. Gadve Patil, learned counsel appearing for the applicants and Mr. Shinde, learned APP appearing for the respondent/state.

2.

One Dattu More, driver, lodged complaint with Taluka Police Station Shrirampur on 02.06.2017 alleging that, during the farmers agitation on 01.06.2017, due to the blockage of the road by farmers a Crime No. 62/2017 was registered with Taluka Police Station Shrirampur against unknown persons. It is alleged that, some 50 to 60 persons have obstructed the road and there were 300 sugar bags in the truck. All the persons have taken away the sugar bags. All these persons forceably alighted the informant from the truck and assaulted him with the help of wooden log. They also pelted stones on front portion of the truck, due to which there was damage.

3.

Looking to the contents of the first information report it appears that, no name of the

present applicants are mentioned in the first information report. The allegations are against 50 to 60 persons for committing dacoity of sugar bags from the truck, driven by the informant.

4.

I have gone through the statement of all the witnesses as well as papers of investigation. The learned advocate submits that, in all 27 persons were already arrested and almost all sugar bags were seized from their possession. There are no allegations against the present applicants.

5.

Looking to the nature of the allegations and the fact that, the recovery of the stolen property was made from the possession of other accused persons, no custodial interrogation of the present applicants is required. Hence, following order.

O R D E R.

(1) Application is allowed.

(2) In the event of arrest of the applicants in connection with Crime No.62 of 2017, registered with Shrirampur Taluka Police station, District Ahmednagar,

they be released on bail on their furnishing P.R. bond of Rs. 10,000/- (Rupees ten thousand only), each, with one surety in the like amount.

6.

Criminal Application is disposed-of.

( K.L. WADANE, J. ) mkd/-