Nana Machhindra Supekar v. The State Of Maharashtra And Another

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO. 6511 OF 2014 NANA MACHHINDRA SUPEKAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. More Abhijit S.

APP for Respondents: Mr. M. M. Nerlikar.

***

CORAM:

T. V. NALAWADE, J.

DATED:

14th JANUARY, 2015.

PER COURT:

1.

The application is filed for anticipatory bail. 2.

Heard both the sides.

3.

This Court has perused the papers of investigation. 4.

The crime is registered on the basis of report given by one Houserao Shinde. According to him, on 2nd September, 2014 some quarrel took place on account of occupying seat in S.T. Bus between he, on one side, and some boys of other community. He has contended that when he alighted from the bus, inquiry was made about the quarrel and threats were given to him. According to him, at the bus stand, present applicant and one Santosh

-:(2):- Bhapkar came there and they gave abuses by taking the name of caste of the complainant which is Scheduled Caste and then they started assaulting by using belt, kick blows and kicks. He has contended that not only this act was done, but the boys of the other side entered their house and assaulted his mother and to his grand mother.

5.

Learned counsel for the Applicant submitted that in the past, prior to the date of incident, complaint was given by Village Sarpanch along with the applicant, against the complainant alleging that the complainant and his friends were harassing the school going girls. 6.

This Court has gone through the record of investigation, which include injury certificates. There were injuries to complainant, Sonu, Akshay, Rohit and also one lady - Kalpana. All of them had sustained injuries and male persons had assaulted them. 7.

Learned counsel for the applicant submitted that the boys who entered the house are granted anticipatory bail & so, the applicant is entitled for bail. This submission is not acceptable. It appears that present applicant went to the stand along with one Santosh and they apparently behaved as the leader of the other

-:(3):- group. There are specific allegations against the applicant. He abused the complainant by taking name of his caste which is Scheduled Caste. There is voluminous evidence to show that some incident did take place and boys of the backward community were assaulted by the present applicant and his boys. This Court holds that this is not a fit case to grant relief of anticipatory bail to the present applicant as apparently he is a leader. Application is rejected.

[T. V. NALAWADE, J.] Dt.14/01/2015 ans/6511