Laxman Shankar Dahihande v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1369 OF 2021 Laxman Shankar Dahihande Age 82 year,s Occu: Nil AR/o Katpur Tq. Paithan Dist. Aurangabad ...

Applicant

VERSUS

The State of Maharashtra, Through Investigating officer, Paithan Police Station, Paithan District Aurangabad ...

Respondent Mr. Sandip P. Rathod, Advocate for the applicant, Mr. A. S. Shinde, A.P.P. for the State.

CORAM

: PRAKASH D. NAIK, J.

DATE : 13th December, 2021 ORDER:

1.

The applicant is apprehending arrest in connection with Crime No.164/2021 registered with Paithan Police Station, District Aurangabad for the offence under Sections 307, 326, 324, 341, 323, 504, 506, 34 of the Indian Penal Code.

2.

The complainant has alleged that on 18th May, 2021, Babasaheb Laxman Dahihande, Krishna Laxman Dahihande and Laxman Dahihande (Applicant) intercepted the vehicle of the complainant and he was assaulted with weapons.

3.

On perusal of the first information report it appears that the role attributed to the applicant is that the applicant pressed neck of the complainant. The applicant was not armed with weapon. Accused Babasaheb and Krushna Dahihande were arrested. They are released on bail.

4.

Learned APP submits that specific role has been attributed to the applicant. He has participated in the offence. All the accused have acted in furtherance of common intention. There are eye witnesses to the incident. The injured had suffered injuries. 5.

It is pertinent to note that FIR has been registered with Paithan Police Station vide Crime No. 163/2021 by Babasaheb Dahihande who is son of the applicant for the offences under section 323, 324, 504 and 506 IPC. Considering the role attributed to the applicant he need not be subjected to custodial interrogation. Hence, I pass the following order :-

O R D E R

i.

Anticipatory Bail Application No. 1369 of 2021 is allowed; ii.

In the event of arrest of the applicant in No.164/2021 registered with Paithan Police Station, District Aurangabad , the applicant be

released on bail on executing PR bond in the sum of Rs. 25,000/- with one or more sureties in the like amount; iii.

The applicant shall report the investigating officer on 20th 21st, 22nd December, 2021 between 11.00 a.m. to 1.00 noon and thereafter as and when called for till filing of the charge sheet. 6.

Anticipatory Bail Application stands disposed of accordingly. (PRAKASH D. NAIK, J.) JPC