Digambar Shalikram Sakhre And 4 Others v. State Of Mha. Thr. Pso Ps Chandur Bazar, Amravati

14.aba.813.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.813 OF 2021 Digambar Shalikram Sakhre and others

Versus

State of Maharashtra, through P.S.O., Chandur Bazar, Amravati Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.V. Sirpurkar, Advocate for the applicants. Shri S.A. Ashirgade, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 28/02/2022 1.

On the allegations that the accused persons, including the applicants formed an unlawful assembly and assaulted the complainant, the Crime No.509 of 2021, dated 12.11.2021 was registered with Police Station Chandur Bazar, Amravati Rural for the offence punishable under Sections 324, 326, 143, 147, 148, 149, 504 and 506 of the Indian Penal Code.

2.

Shri Sirpurkar, learned counsel for the applicants submits that there is a rivalry between the complainant and the applicants on the ground of boundaries of their adjoining agricultural field. It is submitted that out of that rivalry, the applicants have been falsely implicated in the present case.

C.L.Dhakate

14.aba.813.2021.odt 3.

On the other hand, Shri S.A. Ashirgade, learned A.P.P. strongly opposes the application and submits that sufficient material was collected during the investigation to show the involvement of the applicants in the alleged offence.

4.

On perusal of the case diary and after going through the injury report, I find that prima-facie injury report does not corroborate the case of the complainant as regard assault.

5.

In that view of the matter, as prima facie material is not available to show clear involvement of the applicants in the alleged offence, I am of the opinion that the applicants are entitled for grant of bail. 6.

The application is allowed.

7.

Ad-interim anticipatory bail granted by this Court vide order dated 30.11.2021, is confirmed.

8.

The applicants shall attend the concerned Police Station as and when their presence is required. The criminal application is disposed of, accordingly.

[ANIL S. KILOR, J.] by CHETAN LOPCHAND DHAKATE Date:

2022.03.01 18:18:06 +0530 CHETAN LOPCHAND DHAKATE C.L.Dhakate