Jitendra @ Ravi Baburao Deshmukh v. The State Of Maharashtra

934ba2148.22

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 934 BAIL APPLICATION NO.2148 OF 2022 WITH APPLN/269/2023 IN BA/2148/2022 Jitendra @ Ravi Baburao Deshmukh, Age; 49 years, Occ; Retired, R/o; Ayodhya Nagar, jalgaon, Taluka & District; Jalgaon.

...Applicant

VERSUS

The State of Maharashtra, Through Police Inspector, Ramanand Police Station, Tq. & Dist. Jalgaon.

...Respondent

...

Advocate for Applicant : Mr.Salunke Mayur Vasant APP for Respondents-State : Mr.K.S.Patil Advocate for Applicant in Cri.Appln 269 of 2023 : Mr.S.B.Deshmukh ...

CORAM : S. G. MEHARE, J.

DATE : 17.01.2023.

PER COURT :

1.

Heard the learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for the complainant.

2.

The case appears to have a checkered history of civil contracts. In nut shell, it has been alleged that on the day of the incident the applicant in the presence of the Peon of the complainant took away articles as mentioned in the FIR. Prima-facie, it appears

934ba2148.22 that the dispute is over the possession of the premises in question. The litigation were also opened under The Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "the SARFAESI Act") before the Collector. The Collector has passed appropriate order. Nothing has been recovered from the applicant. It appears that it is purely a civil dispute. The applicant is languishing in jail for sufficient time. The material investigation has been completed. Considering the nature of the offence, allegations and the progress in the investigation, it would not be appropriate to keep the applicant behind bar. Hence, the following order :

ORDER

a) The application is allowed.

b) Applicant - Jitendra @ Ravi Baburao Deshmukh, be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in C.R.No.336 of 2022 registered with Ramanand Police Station, District Jalgaon, for the offence punishable under Sections 395, 504, 506 and 120B of the Indian Penal Code on the condition that he shall not tamper with the prosecution witnesses and attend the police station as and when called by the Investigating Officer on written notice till filing of charge-sheet. 3) Application No.269 of 2023 in B.A. No 2148 of 2022 stands disposed of.

( S. G. MEHARE ) JUDGE mahajansb/