Dilip Maske v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 92 OF 2020 Dilip Maske ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. S. S. Choudhari, Advocate for the Applicant. Mr. M. G. Patil, APP for the State-respondent. Mr. Nanware, ASI, Pandharpur Taluka Police Station, Present. .....

CORAM :

PRAKASH D. NAIK, J.

DATE : 14th January, 2020 PC :

1.

This is an application for anticipatory bail in connection with C.R. No. 627 of 2019 registered with Taluka Police Station, Pandharpur, for offences punishable under Sections, 143, 147, 149, 323, 365, 504 & 506 of Indian Penal Code.

2.

The prosecution case is that the friend of the complainant was in need of money and the amount of Rs.2 Lakhs was borrowed from the applicant by the complainant and the same was given to his friend. The complainant had returned Rs.1,60,000/- to the applicant. On 29th October, 2019 the applicant and the other accused came by Innova car. They called the complainant. His mother followed him. Applicant abused complainant and amount of Rs.2 Lakhs was demanded. The accused to put the complainant and his mother in

the car. They were assaulted. They were taken to Sangola via Kharadi. The applicant was dropped on the way and mother of the complainant was dropped subsequently, near Ambedkar Statue at Sangola.

3.

The applicant preferred an application for anticipatory bail before Sessions Court which was rejected on 5th December, 2019. 4.

Learned Counsel for the applicant submitted that false case is registered against the applicant. The complainant had borrowed an amount of Rs. 2 Lakhs which was demanded by the applicant. To avoid payment, false case has been registered. The injuries sustained by the complainant were simple. There is no medical certificate regarding injuries sustained by the mother of complainant. The applicant is willing to cooperate with the investigation. The applicant had not received amount of Rs.1,60,000/- as alleged by the complainant. The complainant had admitted that he had borrowed sum of Rs.2 Lakhs.

5.

I have perused FIR and investigation papers. The complainant and his motherwere injured in the incident. The witnesses attribute overt act to the the applicant. Both of them were abducted and assaulted. Medical Certificate of Suraj Padwalkar (complainant) refers to the injuries sustained by him. The prosecution case is that

the complainant and his mother were abducted and assaulted. Considering the aforesaid circumstances no case for grant of anticipatory bail is made out.

O R D E R

Anticipatory Bail Application No.92 of 2020 stands rejected and disposed of accordingly.

(PRAKASH D. NAIK, J.)