Adv. Milind Raosaheb Ubale v. The State Of Maharashtra

2024:BHC-AUG:2246 {1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 2004 OF 2023 Ganesh Alias Rajnikant Shrimantrao Maske ....Applicant

VERSUS

The State Of Maharashtra .....Respondent WITH ANTICIPATORY BAIL APPLICATION NO. 1964 OF 2023 Milind Raosaheb Ubale ....Applicant

VERSUS

The State Of Maharashtra .....Respondent WITH ANTICIPATORY BAIL APPLICATION NO. 2006 OF 2023 Sandipan Dattoba Badge ....Applicant

VERSUS

The State Of Maharashtra .....Respondent Mr. V.D. Salunke h/f. Mr. Mayur Salunke, Advocate for applicants. Mr. S.B. Jadhav, APP for respondent.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 2 nd FEBRUARY, 2024 ORDER :

1.

Applicants apprehend arrest in Crime No. 577/2023, registered with Shivajinagar Police Station, District- Beed, for the offences punishable under Sections 307, 308, 120-B, 353, 332,

{2} 435, 436, 427, 143, 144, 145, 147, 148, 149, 151, 152 of Indian Penal Code, Section 7 of Criminal Law Amendment Act, Sections 3 and 4 of Property Damage Act and Sections 37(1)(3) and 135 of Maharashtra Police Act.

2.

FIR is lodged by PSI Chetan Ogale on 31.10.2023 alleging that on 30.10.2023, at about 17.30 hours to 22.00 hours, a mob of 1000 to 1500 persons assembled and formed unlawful assembly with prior conspiracy. Said mob attacked house of MLA Sandip Kshirsagar, buses in Bus Stand, Fire Brigade vehicle at Ambika Chowk, office of BRS President Dileep Gore, office of BJP President Rajendra Maske, office of Kundlik Khande, office of KSK College, house of Dhairyashil Solanke and pelted stones and committed arson. The mob damaged public and private properties. Informant and other police officers sustained injuries in the stone pelting. Applicants were members of said mob.

3.

Heard learned advocate for applicants and learned APP for respondents. Perused the charge sheet. 4.

Charge sheet in the present crime is filed on 12.01.2024 and the case is numbered as RCC No. 36/2024 and

{3} hence investigation in the present crime is complete. Applicants were granted interim protection by order dated 23.11.2023 and 06.12.2023 and they have co-operated in the investigation. In view of filing of charge sheet, pre-trial custodial detention of applicants is not necessary in the facts of the present case. 5.

In the result, applications are allowed by confirming the interim protection granted on 23.11.2023 and 06.12.2023. [NITIN B. SURYAWANSHI, J.]