Ravindra Nimba Patil And Another v. The State Of Maharashtra And Another

{1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1591 OF 2022 Ravindra Nimba Patil and Another APPLICANTS

VERSUS

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

Mr. Amol S. Sawant, Advocate for the applicants Mr. V. S. Badakh, APP for respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 19 th DECEMBER, 2022 ORDER :

1.

The applicants apprehend arrest in Crime No. 315 of 2022 registered with Songir Police Station, District Dhule for offence punishable under section 327, 143, 147, 148, 149, 324, 323, 504 of the Indian penal Code.

2.

The FIR is lodged by informant Manoj Baban Mahale, alleging that on 20th October, 2022 at about 6.30 a.m., 11 accused persons assaulted him with sticks and iron rods. 3.

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

{2} 4.

The role attributed to the present applicants is that, both the applicants snatched golden chain of Yogesh Patil. No assault is attributed to the applicants.

5.

At the instance of applicants' side, FIR is lodged against the informant's side, which is registered at Crime No. 314 of 2022 for offence punishable under sections 143, 147, 148, 324, 327, 341, 323, 504 of the Indian Penal Code. Applicant No.1 is contesting elections of Sarpanch. Applicant No.1 is the Assistant Teacher and applicant No.2 is the Contractor. The applicants have no criminal antecedents. It appears that so as to increase gravity of offence, allegations are made in the FIR that the applicants have snatched golden chain of witness Yogesh. Prima facie, allegations made in the FIR are doubtful and the applicants have been implicated in the present crime due to political rivalry. Possibility cannot be ruled out that with a view to give counter blast to the FIR lodged by the applicants' side and so as to prevent applicant No.1 from contesting elections for the post of Sarpanch, the applicants are falsely implicated in the present crime.

6.

While granting interim protection, the applicants were directed to co-operate in the investigation. The applicants have

{3} attended the police station and have co-operated in the investigation. The application, therefore, deserves to be allowed. 7.

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

[NITIN B. SURYAWANSHI] JUDGE drp/aba1591-22