Vinayak S/O. Ramkisan Anpat (In Jail) v. State Of Maharashtra Thr. P.S.O. Deulgaon (Raja) Tq. Deulgaon (Raja) Dist. Buldana

1 ba642.17 and 643.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 642 OF 2017 (SANJAY S/O TRYAMBAK MANTAKAR AND OTHERS...VS.. STATE OF MAH. THR. P.S.O. PS DEULGAON (RAJA), TAH-DULGAON (RAJA), DIST.BULDHANA) WITH CRIMINAL APPLICATION (BA) NO. 643 OF 2017 (VINAYAK S/O RAMKISAN ANPAT...VS.. STATE OF MAH. THR. P.S.O. PS DEULGAON (RAJA), TAHDULGAON (RAJA), DIST.BULDHANA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. J. Thakkar, Advocate for Applicants.

Shri V. A. Thakre, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 17 th JULY, 2017.

These two applications are disposed by common order as the applicants in these applications are seeking directions to the non-applicant to release them on bail, having been arrested in connection with Crime No.176 of 2017 registered for the offence punishable under Sections 143, 147, 148, 149, 294, 427, 504, 506 and 307 of the Indian Penal Code, on the accusations that opposing the construction which is being undertaken on behalf of National Highway Authority of India, the applicants assaulted the employees of the Company which is undertaking the work.

According to the Investigating Agency, four persons have sustained injuries out of which one labourer Pravin Popat Wani has sustained injuries to his spine and he is unable to walk. It is alleged that damage is caused to some other property also including the vehicle of the Company.

2 ba642.17 and 643.17 According to the applicants, the assault was started by the workers/employees of the Company and they manhandled the wife of applicant No.1 - Sanjay S/o Tryambak Manatkar and because of the assault by the employees/workers of the Company, some persons from the group of applicants had sustained injuries. The learned advocate for the applicants has pointed out the copy of First Information Report lodged by Sau. Sarla Sanjay Manatkar (wife of the applicant No.1). Though the First Information Report lodged by Sau. Sarla Sanjay Manatkar is subsequent, according to her, there is delay of few hours in lodging the complaint as the injured was taken for treatment. Be that as it may, the applicants claiming to be agriculturists and have stated that they are not involved in any other crime/offence. The applicants are in jail since 26th June, 2017. The non-applicant has not been able to point out that further custody of the applicants is required for investigation.

In the facts of the case, following order is passed: The applicants having been arrested in connection with Crime No.176 of 2017 registered by the non-applicant, they be released on bail on executing P. R. Bond for Rs.20,000/- each.

The applications are allowed in the above terms. JUDGE PBP