Rajendra Baburao Londhe v. The State Of Maharashtra And Another
2024:BHC-AUG:22166
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
90 ANTICIPATORY BAIL APPLICATION NO. 1458 OF 2024 RAJENDRA BABURAO LONDHE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. Prashant Prabhakar Giri APP for Respondent/State : Mr.S.B. Narwade Advocate for assist to P.P. : Mr.N. B. Patekar ...
CORAM :
SHIVKUMAR DIGE, J.
DATE :
18th September, 2024.
P.C.:
1.
The applicant apprehends arrest in connection with FIR No.0429 of 2024 registered with Gandhi Chowk Police Station, Latur, for the offences punishable under sections 307, 324, 147, 148, 323, 504, 506 read with 149 of the Indian Penal Code (For short, "IPC"). 2.
It is prosecution's case that on 30th June, 2024, there was meeting to appoint President for the procession of Annabhau Sathe Jayanty. In the said procession, the name of Raj Kshirsagar was suggested by some people. It is alleged that the applicant and coaccused opposed the said name and they assaulted the informant and other people with knife and waist belt with intention to kill them. The allegations against the applicant are that he along with co-accused assaulted the informant and witnesses with waist belt. 3.
It is contention of the learned counsel for the applicant that the applicant has been falsely implicated in this case. He is Advocate. The
allegations against the applicant are that he assaulted the informant and injured witnesses with waist belt. Considering the allegations against the applicant, his custodial interrogation is not required and requested to allow the application.
4.
It is the contention of the learned APP along with learned counsel for assist to P.P. that the applicant and co-accused assaulted the informant and injured witnesses with waist belt with an intention to kill them. Other co-accused assaulted with knife to injured witnesses with intention to kill them. Due to said assault the informant and witnesses have got serious injuries. The applicant was part of group, who assaulted the informant and witnesses. Considering the allegations against the applicant, his custodial interrogation is required and requested to reject the application.
5.
I have heard all the learned counsel. Perused the F.I.R. and police papers produced on record.
6.
The allegations against the applicant are that he along with co-accused assaulted the informant and witnesses with waist belt with intention to kill them. It appears from the contents of the F.I.R. that no specific name is mentioned to whom the applicant has assaulted. No name of any witness is specifically mentioned to whom the applicant has assaulted. Considering these facts, the custodial interrogation of the applicant is not required and I pass the following order :-
ORDER
(i) The application is allowed.
(ii) In the event of arrest of the applicant in connection with FIR No.0429 of 2024 registered with Gandhi Chowk Police Station, Latur, for the offences punishable under sections 307, 324, 147, 148, 323, 504, 506 read with 149 of the Indian Penal Code, the applicant be released on executing personal bond in the sum of Rs.25,000/- with one surety of the like amount, on the following conditions :- (a) the applicant shall attend the concerned police station as and when required by the Investigating Officer.
[ SHIVKUMAR DIGE, J. ] sga