Amol Balasaheb Datir And Others v. The State Of Maharashtra And Another
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 66 ANTICIPATORY BAIL APPLICATION NO. 1620 OF 2024 1.
Amol Balasaheb Datir 2.
Pravin s/o Haribhau Datir 3.
Adinath Shivaji Datir ....Applicants
VERSUS
The State of Maharashtra & another .....Respondents Mr. N. B. Narwade, Advocate for Applicants.
Mrs. D. S. Jape, APP for the State.
CORAM : R. M. JOSHI, J.
DATE : 14th OCTOBER, 2024.
PER COURT :
1.
Applicants apprehend arrest in connection with Crime No. 0639/2024, registered with Pathardi Police Station, District Ahmednagar for the offences punishable under Sections 327, 324, 323, 143, 147, 148, 149, 504, 506 of the Indian Penal Code. 2.
On 20.06.2024, First Information Report came to be lodged at the instance of Rajendra in respect of the incident occurred on 18.06.2024. It is stated in the report that there are disputes between him and neighbouring land owner over bandh. In respect of the incident, it is stated that the present Applicant along with the co-
- 2 - accused came to the spot and caused assault on him with stone and wooden stick. There is allegation against Applicant No. 3 that he snatched mobile phone as well as Mangalsutra of his wife. 3.
Learned counsel for Applicants has drawn attention of the court to the First Information Report lodged by wife of the accused in the present case in respect of the incident occurred on 18.06.2024. It is his statement that the present report has been lodged by way of counter blast.
4.
Learned APP opposed the application by drawing attention of the Court to the statements of witnesses as well as injury certificates on record.
5.
Perusal of both reports indicates that there are disputes between the parties and some incident has definitely occurred on 18.06.2024. In the said incident, both sides sustained some or the other injury. This Court finds substance in the contention of learned counsel for the Applicants that the allegation of snatching Mangalsutra and mobile phone could be by way of over implication. Appropriate direction to the Applicants to attend concerned police
- 3 - station will suffice further effective investigation. Hence, the following order :-
ORDER
(i) Application qua Applicant No. 2-Pravin s/o Haribhau Datir is allowed in terms of the interim order.
(ii) In the event of arrest of applicants Amol s/o Balasaheb Datir and Adninath Shivaji Datir, in connection with Crime No. 0639/2024, registered with Pathardi Police Station, District Ahmednagar, for the offences punishable under Sections 327, 324, 323, 143, 147, 148, 149, 504, 506 of the Indian Penal Code, they be released on bail on furnishing PR Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) each with one surety each in the like amount.
(iii) They shall attend the concerned police station once in a week.
(iv) They shall not contact the witnesses directly or indirectly.
(v) They shall not interfere with the evidence in any manner whatsoever.
- 4 - (vi) They are further directed to cooperate the investigating agency for further investigation. (vii) Learned APP to communicate this order to the concerned Investigating Officer.
( R. M. JOSHI) Judge dyb