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Bombay High CourtABA/1151/2021application allowed

Sahebrao Dalsing Chavan v. The State Of Maharashtra

2021-11-24Hon'Ble Shri Justice P. D. Naik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1151 OF 2021 Sahebrao s/o Dalsing Chavan Age 57 years, Occu: Labour R/o Bhima Naik Tanda, Tq. Ambad, District Jalna ...

Applicant

VERSUS

The State of Maharashtra, Through Ambad Police Station, District Jalna ...

Respondent Mr. K. G. Gaikwad, Advocate for the applicant, Mr. A. S. Shinde, A.P.P. for the State.

WITH ANTICIPATORY BAIL APPLICATION NO. 1144 OF 2021 1.

Kalyan s/o Dalsing Chavan Age 51 years, Occu: Agriculture ...

Applicants 2.

Sandip s/o Kalyan Chavan Age 26 years, Occu: Agriculture Both R/o Bhima Naik Tanda, Tq. Ambad, District Jalna

VERSUS

The State of Maharashtra, Through Ambad Police Station, District Jalna ...

Respondent Mr. Deepak K. Rajput and R.G. Rathod, Advocates for the applicants, Mr. A. S. Shinde, A.P.P. for the State.

CORAM

: PRAKASH D. NAIK, J.

DATE : 24th November, 2021 ORDER:

1.

Applicants in both these applications are apprehending arrest in connection with the offence registered against them.

2.

Crime No. 444 of 2021 is registered on 10.08.2021 with Ambad Police Station, District Jalna for the offences under sections 323, 328, 34 of Indian Penal Code against Sahebrao Dalsing Chavan (Applicant in ABA No.1151/2021) whereas Crime No.445 of 2021 is registered with Ambad Police Station for the offences under section 328, 323, 504, 34 of the Indian Penal Code against Kalyan Dalsing Chavan and Sandip Kalyan Chavan (Applicants in ABA No. 1144/2021). 3.

Allegations in both the first information reports are identical. The complainant in Crime No. 444/2021 has alleged that on 28.07.2021, there was quarrel between the accused and complainant. The Complainant Parvatabai was assaulted by the accused. Insecticide was administrated to her by using force by Sindhubai and Sahebrao Chavan. Similarly, in Crime Crime No. 445/2021, the complainant has made similar allegation against the accused. There appears to be dispute amongst them on account of property. They are related to each other. 4.

Learned Advocates appearing in both the applications have jointly urged that dispute has been resolved between both the sides. Affidavits are filed in each matters stating that dispute has been amicably settled. They are close relatives. They intend to maintain cordial relationship and have decided to withdraw the allegations against each other.

5.

Both the sides have no objections for allowing these applications for anticipatory bail. The affidavits are taken on record.

6.

In view of the factual aspects of the matter and considering the fact that both the sides intend to maintain harmonious relationship and have resolved their differences, these applications can be allowed. 7.

Hence, I pass the following order :-

O R D E R

i.

Anticipatory Bail Application No. 1151 of 2021 is allowed; ii.

In the event of arrest of the applicant in Crime No.444/2021 registered with Ambad Police Station, District Jalna, the applicant be released on bail on executing PR bond in the sum of Rs. 20,000/- with one or more sureties in the like amount. iii.

Anticipatory Bail Application No. 1144 of 2021 is allowed; iv.

In the event of arrest of the applicants in Crime No.445/2021 registered with Ambad Police Station, District Jalna, the applicants be released on bail on executing PR bond in the sum of Rs. 20,000/- each, with one or more sureties in the like amount; v.

Anticipatory Bail Applications stand disposed of accordingly. (PRAKASH D. NAIK, J.) JPC