Madan S/O Babarao Chavan v. State Of Mah., Thr Pso

1 aba377,383,395.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Criminal Application (ABA) No.

(Gulabrao Musale & others Vs. State Through P.S. Ansingh Dist. Washim. With Criminal Application (ABA) No.

Madan Chavan Vs. State Through P.S. Ansingh Dist. Washim With Criminal Application (ABA) No.

(Santosh Chavan & others Vs. State Through P.S. Ansingh Dist. Washim) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.P. Tathod, Advocate for applicants.

Mr. J.Y. Ghurde, APP for non-applicant.

CORAM : MANISH PITALE, J.

DATED : JULY 29, 2019 The applicants in these three applications have approached this Court apprehending arrest in connection with FIR dated 21/05/2019, filed against them for offences under Sections 395, 341, 324, 336, 294, 506, 506 of the Indian Penal Code.

2.

By orders dated 18/6/2019, 20/06/2019 and 24/06/2019, this Court while issuing notices in these applications had granted ad-interim protection to the applicants.

3.

It was recorded by this Court in the said orders that the FIR against the applicants appeared to be a counter blast to an earlier FIR dated 20/05/2019,

2 aba377,383,395.19.odt registered against the complainant and others for the very same incident. It has also come on record that a fair price shop being run by the father of the complainant was closed down due to complaints made by the villagers including the applicants herein and the said FIR was lodged against the applicants due to grudge borne by the complainant against them. 4.

This Court granted ad-interim protection to all the applicants and directed them to cooperate with the investigation, including a direction that they shall report to Police Station Ansingh Dist. Washim once in a week i.e. on Sunday between 10:00 AM to 5:00 PM. 5.

The non-applicant State has filed reply affidavits in these applications, but, there is no complaint that the applicants have not abided by any of the conditions imposed by this Court. It is also undisputed that out of 16 accused persons, 15 are the applicants before this Court in these applications and that the only remaining accused person already stood released on regular bail by the Sessions Court. 6.

In view of the above material, this Court is of the opinion that the applicants deserve to be granted anticipatory bail, provided that they continue to cooperate with the investigation.

3 aba377,383,395.19.odt 7.

Accordingly, the applications are allowed and ad-interim protection granted to the applicants stands confirmed on the conditions imposed by this Court in the aforesaid orders in these applications. 8.

Accordingly, the applicants shall co-operate with the investigation and they shall report to the police station once in a week i.e. on Sunday between 10:00 AM to 5:00 PM, till filing of chargesheet. The applicants shall not tamper with the evidence or influence the witnesses.

JUDGE MP Deshpande