Bhagvat Laxman Wakade v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1379 OF 2022 Bhagvat Laxman Wakade .... Applicant

Versus

The State of Maharashtra .... Respondent .....

Mr. Shaikh Ashraf Patel, Advocate for the Applicant Ms. P.V. Diggikar, APP for Respondents - State .....

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 23rd NOVEMBER, 2022 ORDER :

1.

The applicant apprehends his arrest in connection with Crime No.0738 of 2021 registered with Shevgaon Police Station, District Ahmednagar for the offence punishable under sections 392 read with 34 of the Indian Penal Code. 2.

Heard the learned advocate for the applicant and the learned Additional Public Prosecutor for the respondent - State. Perused the investigation papers.

3.

It is alleged in the FIR that the informant sold his bullocks for Rs.80,000/- and while carrying the said amount, his bike was intercepted by the applicant and one other person and they snatched the amount from the informant and fled away from the spot. The incident has taken place 17/12/2021. The FIR is lodged on 21/12/2021, delay in lodging the FIR is not explained. It is not the allegation of the informant that he received any injury in the said incident. There is civil litigation pending between the informant on one side and applicant's mother on the other side in respect of ancestral property of the grandfather of the applicant. Possibility of false implication of the applicant so as to pressurize mother of the applicant in the civil dispute cannot be ruled out. The applicant has no criminal antecedents. In that view of the matter, applicant deserves protection.

4.

The application is allowed by confirming the interim protection granted in favour of the applicant. 5.

The applicant is therefore allowed by confirming the interim order.

6.

Till filing of charge-sheet, applicant shall attend the concerned police station as and when called by investigating officer. The applicant shall not influence the prosecution witnesses.

[NITIN B. SURYAWANSHI] JUDGE S.P. Rane