Raju Keshav Jojar And Others v. The State Of Maharashtra And Another

1 912-ABA-1690-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1690 OF 2022 RAJU KESHAV JOJAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. Dhananjay M. Shinde, Advocate for Applicants Mr. A. V. Deshmukh, APP for Respondents - State Mr. S. S. Dargad, Advocate for Informant ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 19th JANUARY, 2023 PER COURT :

1.

Applicants apprehend arrest in Crime No.378/2022, registered with Hingoli (Rural) Police Station, Hingoli, for offence punishable under Sections 307, 326, 323, 504, 506 read with 34 of the Indian Penal Code.

2.

FIR is lodged by Shriram Narayan Thorat alleging that on 23/11/2022, applicant No.1 Raju assaulted him with iron rod, accused Balaji inflicted knife blow on stomach, on right side of the waist. Applicants Hanuman and Parmeshwar assaulted him with slaps and fists and abused him and gave him threats of life. 3.

Heard learned advocate for applicants, learned Additional Public Prosecution for State and learned advocate for informant. Perused the investigation papers.

4.

Applicant No.1 Raju claims that the informant has SVH

2 912-ABA-1690-22.odt alleged that incident has taken place at about 05:00 p.m. at 23/11/2022. At that time, he was present in the Tahsil Office, Hingoli. He has produced CCTV footage of the Tahsildar Office, Hingoli, before investigating officer. On verification of the same it was found that applicant No.1 Raju was present at Tahsil Office, Hingoli, on 23/11/2022, between 15:00 to 17:00 hours. It, therefore, appears that applicant No.1 Raju is falsely implicated in the present crime.

5.

So far as the applicants Hanuman and Parmeshwar are concerned, allegations against them are that they have assaulted informant with slaps and fists. No corresponding injuries are reflected in the injury certificate of the informant. 6.

Applicants were given interim protection and they have attended the police station and cooperated in investigation. Pre-trial custodial detention of the applicants in the facts of the present case is not necessary.

7.

In the result, application is allowed by confirming interim order dated 13/12/2022. Till filing of charge-sheet, applicants shall attend concerned police station as and when called by investigating officer and shall cooperate in the investigation. Applicants shall not tamper prosecution evidence. (NITIN B. SURYAWANSHI, J.) SVH