Harishchandra @ Lakhan Rama Bansode v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 758 OF 2022 Harishchandra @ Lakhan Rama Bansode ..Applicant V/s.
The State of Maharashtra ..Respondent WITH ANTICIPATORY BAIL APPLICATION NO. 759 OF 2022 Mangesh Prakash More ..Applicant V/s.
The State of Maharashtra ..Respondent Digitally signed by MAMTA AMAR KALE Date:
2022.03.28 18:54:28 +0530 MAMTA AMAR KALE ---- Mr. Rupesh A. Zade, for the Applicants.
Ms. J. S. Lohokare, APP for the Respondent/State. API Akshay Sonawane, Phaltan Rural Police Station, District Satara.
---- CORAM : C.V. BHADANG, J.
DATE : 28 MARCH 2022 P.C.
.
By these Applications, the Applicants apprehending arrest, in Crime No.50/2022 of Police Station Phaltan Rural, District Satara, under Section 332, 353, 504 and 506 r/w. 34 of IPC, are seeking anticipatory bail.
Mamta Kale page 1 of 4
2.
The aforesaid crime is registered on the basis of the complaint dated 20 January 2022 lodged by Ramchandra Dilip Sonawane, who is working as a Junior Engineer with the Maharashtra State Electricity Distribution Company Ltd. (MSEDCL). On 20 January 2022, at about 1.25 p.m. the informant alongwith two other employees had gone to village Sarde where they found that the Applicant Mangesh More had obtained an illegal electricity connection by taping on the main supply line resulting into pilferage of the electricity. The allegation is that, the Applicant Lakhan Rama Bansode came there and abused the informant. In so far as the Applicant Mangesh More is concerned, he is alleged to have slapped and pushed the informant.
3.
The learned counsel for the Applicants submitted that both the Applicants are suffering from illness. One of the Applicant is a heart patient and the other is having kidney disease. 4.
The learned APP has submitted that the informant has sustained a simple injury.
5.
I have heard the learned counsel for the parties. Perused record.
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6.
Normally, the Court would be slow in granting protection in such cases. However, a specific statement is made by the learned APP, on instructions from the Investigating Officer, who is present today, that the investigation is complete and the Investigating Officer does not require the custody of the Applicants and the Investigating Officer does not propose to arrest the Applicants on account of the fact that the investigation is practically over and on account of the medical condition of the Applicants. It is only on the basis of such a statement that this Court is granting indulgence.
7.
In such circumstances, the following order is passed.
ORDER
(i) In the event of their arrest, in connection with investigation of Crime No.50/2022 of Police Station Phaltan Rural, District Satara, the Applicant Harishchandra @ Lakhan Rama Bansode (ABA No.758/2022) and Applicant Mangesh Prakash More (ABA No.759/2022), be released on bail on executing a P.R. Bond in the sum of Rs.25,000/- each with one or two solvent sureties each, in the like amount.
(ii) The Applicants shall cooperate with the Investigating Agency, as and when required.
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(iii) The Applicants shall not associate themselves in any act of theft / pilferage of electricity or interfere with the working of the public servant, if any.
(iv) If there is any default found in breach of the same, the bail is liable to be cancelled. (v) The Criminal Applications are disposed of, in the aforesaid terms.
(C.V. BHADANG, J.) Mamta Kale page 4 of 4