Jagrut @ Jitu S/O Chandrakant Mandlik And Another v. The State Of Maharashtra And Another

911-APEAL-707-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO. 707 OF 2021 Girish @ Giru Jagan Pawar ..APPELLANT

VERSUS

State of Maharashtra and Another ..RESPONDENTS AND CRIMINAL APPEAL NO. 708 OF 2021

1. Jagrut @ Jitu Chandrakant Mandlik

2. Anil Ramesh Pardeshi

3. Sachin Jagan Chounde ..APPELLANTS

VERSUS

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

Mr. A.B. Girase, Advocate for appellants Mr. S.P. Sonpawale, A.P.P. for respondent no.1 - State Mr. G.R. Syed, Advocate for respondent no.2 ....

CORAM : R.G. AVACHAT, J.

DATED : 11th JANUARY, 2022 PER COURT :

1.

Heard. Perused the First Information Report ('F.I.R.'). 2.

Learned A.P.P. and learned counsel for the informant strongly object for grant of bail to the appellants herein. According to them, appellant - Girish Pawar has criminal antecedents. Even the mother of one of the appellants herein has lodged false complaint against the respondent - informant herein.

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911-APEAL-707-21.odt 3.

The fact is that on completion of investigation, the charge-sheet has been filed. It will take time for commencing the trial and resultant conclusion thereof. It is informed that Section 394 of the I.P.C. has been withdrawn. The same indicates falsity of the F.I.R. 4.

In the fitness of things, the appeals are allowed. The appellants be released, in connection with Crime No. 901 of 2021 registered with Nandurbar City Police Station, Dist. Nandurbar for the offences punishable under Sections 327, 385, 323, 504, 506 read with Section 34 of the Indian Penal Code and under Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on executing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with surety in the like amount. Appellant - Girish Pawar shall not enter Nandurbar city for the next six months, except for the purpose of attending the present case or any other cases pending against him. The appellants shall not tamper with the prosecution evidence.

( R.G. AVACHAT, J. ) SSD 2 / 2