Asha W/O. Navnath Jadhav And Others v. The State Of Maharashtra

{1} aba1518-22 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1518 OF 2022 Asha w/o Navnath Jadhav and Others APPLICANTS

VERSUS

The State of Maharashtra and Another RESPONDENTS .......

Mr. Mahendra P. Gandle, Advocate for the applicants Mr. V. S. Badakh, APP for respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 6 th DECEMBER, 2022 ORDER :

1.

The applicants apprehend arrest in connection with Crime No.429 of 2022 registered with Shivaji Nagar Police Station, District - Beed for the offence punishable under sections 323, 341, 392, 504, 506 read with 34 of the Indian Penal Code. 2.

Heard learned advocate for the applicants and the learned Additional Public Prosecutor for the State. Perused the papers of investigation.

3.

Civil dispute is going on between the applicants and the informant before revenue authorities.

4.

Applicant No.3 has lodged First Information Report against

{2} aba1518-22 son of the informant in the present crime and others, which is registered at Crime No. 428 of 2022 for the offence punishable under sections 354, 354-A, 509 read with 34 of the Indian Penal Code and under sections 3 (1) (r) (s), 3 (1) (w) (ii) and 3 (2) (va) of the Atrocities Act.

5.

Prima facie, the present FIR appears to have been lodged to falsely implicate the applicants with a view to give counter blast to the FIR registered against the informant's son and others. Allegations made in the FIR are prima facie unbelievable in the backdrop of the civil dispute between the parties. 6.

The applicants were granted interim protection. They have co-operated in the investigation. In that view of the matter, the applicants deserve protection.

7.

The application is allowed by confirming the interim order dated 17th November, 2022. Till filing of the charge sheet, the applicants shall attend the concerned police station as and when called by the Investigating Officer and co-operate in the investigation. The applicants shall not tamper prosecution evidence.

[NITIN B. SURYAWANSHI] JUDGE drp/aba1518-22