Ganesh Prakash Wankar And ORS. v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 193 OF 2024 GANESH PRAKASH WANKAR AND ORS.

..APPELLANTS VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS ------------ Adv. Viresh Purwant for the Appellants.

Mr. S.H. Yadav, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 29, 2024 P.C. :

1.

Heard learned counsel for the appellants and learned APP for the State.

2.

This is an appeal for pre-arrest bail in connection with C.R. No. 392 of 2023 registered with Solapur Taluka Police Station for the offence punishable under Section 143, 147, 323, 504 and 506 read with Section 149 of the Indian Penal Code, 1860 ("IPC" for short) and Sections 3(1)(r),(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("Atrocities Act" for short).

1/3

3.

I have perused the First Information Report. The statement of the complainant reveals that the appellants and the complainant are having some dispute over the boundary of their respective plots. It appears that in June 2023, the complainant had filed criminal proceedings against the appellants and others under the Atrocities Act and provisions of the IPC. The complainant alleged that the appellants were threatening to withdraw the said case and questioned him as to why he filed such a case against the appellants.

4.

Prima facie, the statement does not indicate any abuse against the complainant in the name of the caste. Learned APP to take instructions.

5.

Issue notice to respondent No.2, returnable on 20/03/2024. In the meantime, the appellants need to be protected by an interim order.

6.

In the event of arrest, the appellants- Ganesh Prakash Wankar, Umesh Vilas Takmoge, Shrikant Rajaram Bhuite, Ibrahim Fakruddin Shaikh, Sambhaji Dnyaneshwar Bhosale and Sandip Kashinath Hanchate in connection with C.R. 2/3

No.392 of 2023 registered with Solapur Taluka Police Station shall be released on bail on their furnishing P.R. Bond of Rs.15,000/- each with one or more sureties each in the like amount.

7.

The appellants to cooperate with the investigation. (M. S. KARNIK, J.) 3/3 Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 29/02/2024 18:25:00