Rajendrasingh Kubersingh Pardesi And Others v. The State Of Maharashtra

2024:BHC-AUG:2755 1 947-ABA-2149-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 2149 OF 2023 RAJENDRASINGH KUBERSINGH PARDESI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Rahul R. Karpe, Advocate for Applicants Mr. N.B. Patil, APP for Respondent ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 07th FEBRUARY, 2024 PER COURT :

1.

Applicants apprehend arrest in C.R. No.710/2023, registered with Karjat Police Station, Ahmednagar, for offence punishable under Sections 326, 324, 323, 504, 506 r/w 34 of the Indian Penal Code.

2.

FIR is lodged by Lakhan Sanjaysingh Pardeshi, alleging that he was intending to sale 2 Acre of his land which accused wanted to purchase, but did not have sufÏcient amount to purchase the same. He, therefore, sold his land to his uncle Pintusingh Kubersingh Pardeshi. Hence, Rajendrasingh Pardeshi was having grudge against informant and he used to extend threats to informant. On 10/11/2023 when informant had gone to Karjat for purchasing clothes, Rajendrasingh Pardeshi and Rupeshsingh Pardeshi came to him and told him to come to Rashin to settle the matter. Shubham Rajendrasingh Pardeshi, Rajendrasingh Pardeshi, and Rupeshsingh Pardeshi assaulted informant and his uncle SVH

2 947-ABA-2149-23.odt Pintusingh Pardeshi with iron rod and stick. Rupeshsingh assaulted informant and his uncle with fists and kick blows. 3.

Heard learned advocate for applicants and learned APP for the State. Perused the investigation papers. 4.

After arguing at length on merits, when this Court was not inclined to grant relief to applicant No.1 Rajendrasingh Kubersingh Pardeshi and applicant No.2 Shubhamsingh alias Prathviraj Rajendrasing Pardeshi, learned advocate for applicants seeks permission to withdraw the application to the extent of applicant Nos.1 and 2. Permission granted. Application of applicant No.1 Rajendrasingh Kubersingh Pardeshi and applicant No.2 Shubhamsingh alias Prathviraj Rajendrasing Pardeshi, is dismissed as withdrawn.

5.

Role attributed to applicant No.3 Rupeshsingh Pardeshi is that he assaulted informant and his uncle with kicks and fist blows. Injury certificates do not indicate that injuries caused due to the assault of Rupeshsingh, he was granted interim protection and he has co-operated in the investigation and nothing is to be recovered from him.

6.

In that view of the matter, application of applicant No.3 Rupeshsingh Babusing Pardeshi, allowed by confirming interim protection granted to him by order dated 26th December, 2023. (NITIN B. SURYAWANSHI, J.) SVH