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Bombay High CourtABA/199/2015allowed

Devanand Narsing Pawar v. State Of Maharashtra, Through P.S.O. P.S. Ghatanji, Yavatmal

2015-06-30Hon'Ble Shri Justice A.B. Chaudhari3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (ABA) No.198 of 2015 (Bhikaram Bhoju Rathod V State of Maharashtra thr Pso PS Ghatanji, Dist- Yavatmal) With Criminal Application (ABA) No.199 of 2015 (Devanand Narsing Pawar V State of Maharashtra thr Pso PS Ghatanji, Dist- Yavatmal) With Criminal Application (ABA) No.200 of 2015 (Devanand Narsing Pawar V State of Maharashtra thr Pso PS Ghatanji, Dist- Yavatmal) With Criminal Application (ABA) No.201 of 2015 (Devanand Narsingh Pawar and another V State of Maharashtra thr Pso PS Ghatanji, Dist- Yavatmal) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

[Shri Rahul Ghuge, Adv for applicant.

Shri M.J. Khan, APP for State.] CORAM : A.B. CHAUDHARI, J.

DATED : 30.06.2015.

Heard the learned Counsel for the rival parties.

Seen the impugned order dated 21-04-2015 by which the interim bail was granted to the applicants as well as the reasons given by this Court while recording the

order granting interim bail including the contentions raised by the learned Counsel for the rival parties, I have also perused the first information report as well as the reply filed by the learned APP. On perusal of the reply and hearing the contentions raised by the learned Counsel for the rival parties, it appears that the real dispute pertains to the election of village panchayats and the dispute therefrom but the offences which have been registered against the applicants are about commission of robbery. The record does not show that the applicants are the robberers or they are connected with the activity of robbery. They are the farmers and affiliated to a political party while the complainant affiliated to another political party. In election to village panchayat, the dispute arose and incident of assault etc. took place.

But the colour of robbery seems to have been added. That being so, the allegations appears to be motivated. Hence, I make the following order :- Order A] Criminal Application (ABA) No.198 of 2015 Criminal Application (ABA) No.199 of 2015 Criminal Application (ABA) No.200 of 2015 Criminal Application (ABA) No.201 of 2015 are allowed.

B] Rule is made absolute in terms of interim order dated 21-04-2015.

C] The applicants are directed to cooperate with the Investigating Officer and also allow themselves to interrogate by the Investigating Officer in support of the property etc. that is allegedly stolen.

Criminal Application (APPA) No.443 of 2015 With Criminal Application (APPA) No.444 of 2015 With Criminal Application (APPA) No.445 of 2015 With Criminal Application (APPP) No.623 of 2015 With Criminal Application (APPA) No.446 of 2015 Heard.

As the main applications are allowed, all the above applications have become infructuous. Hence, all the above criminal applications are disposed of as infructuous.

JUDGE Deshmukh