Ratilal Ramlal Patil And Others v. The State Of Maharashtra And Another

1 906-ABA-1275-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1275 OF 2022 RATILAL RAMLAL PATIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Suhas R. Shirsat APP for Respondents - State : Mr. V. S. Badak ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 10th NOVEMBER, 2022 PER COURT :

1.

Heard learned advocate for applicants and learned Assistant Public Prosecutor for respondents - State. Perused investigation papers made available by learned Assistant Public Prosecutor.

2.

Various complaints are lodged by the side of accused (brother-in-law of applicant) against informant alleging corruption, misappropriation and commission of illegalities, when he was Sarpanch of the village. Various litigations are pending between both the accused and informant's sides.

In respect of present incident, cross complaint is lodged by mother-in-law of applicant No.1, which is registered at C.R No.95/2022, for offences punishable under Sections 307, 395, 325, 354, 452, 506, 143, 144, 147, 149 of the Indian Penal Code and Sections 31(1), 37(3) and 135 of the Maharashtra Police Act, 1951.

2 906-ABA-1275-22.odt 3.

In the FIR in question, nine accused persons are implicated. Applicants claim that they are not resident of village Tarawade, Taluka Amalner, where the alleged incident took place. They are resident of village Pimpale (Kh.), Taluka Amalner, Jalgaon. 4.

At the time of granting interim protection, applicants were directed to attend concerned police station and cooperate in investigation. Applicants have attended the police station and cooperated in investigation. This fact is confirmed by learned Assistant Public Prosecutor, on instructions. 5.

Taking into consideration the litigation pending between the parties, possibility of false implication of applicants cannot be ruled out at this stage.

6.

Co-accused Ukha Patil (Pawar) against whom main role of assault is attributed and Rupabai Ukha Patil (Pawar) and Vimalbai Sukhdeo Patil (Pawar) are granted anticipatory bail by this Court in Anticipatory Bail Application No.1253/2022. On the ground of parity also applicants are entitled for protection. Anticipatory Bail Application No.1275/2022 is, therefore, allowed in terms of interim order passed by this Court on 10/10/2022.

(NITIN B. SURYAWANSHI, J.) SVH