Kailas Balasaheb Hagawane And ORS v. The State Of Maharashtra

Talwalkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 586 OF 2024

1. Mr. Kailas Balasaheb Hagawane.

2. Mr. Suyash Kailas Hagawane.

3. Mr Swati Kailas Hagawane.

..Applicants

Versus

The State of Maharashtra ..Respondent ______ Mr. Narayan Rokade, with Udaysinh Deshmukh, Pratibha Pawar, for Applicants.

Mr. C.D. Mali, APP for State/Respondent.

______ CORAM : SARANG V. KOTWAL, J.

DATE : 1 MARCH 2024 P.C. :

1.

The Applicants are seeking anticipatory bail in connection with C.R.No. 568 of 2023 registered at Haweli Police Station, Pune on 23rd December 2023 under sections 323, 324, 394, 427, 436, 504, 506 read with section 34 of the Indian Penal Code.

2.

Learned APP is seeking time as Investigating Officer is not present. Therefore, I have heard Mr. Rokade, the learned

Counsel for the applicants and Mr. Mali, learned APP for the State.

3.

The FIR is lodged by one Kaustubh Alias Ganesh Hagawane. He has stated that incident occurred on 23rd December 2023. The informant's workers had taken J.C.B. machine in a plot of one Mahesh Ghule for leveling the ground. At that time, the applicants obstructed them and there was an assault by the applicants on the informant's workers. One Ajay suffered injuries on his head, hands and back. The Applicant Kailas himself lodged his own FIR regarding the same incident vide C.R. No. 569 of 2023 mainly under sections 326, 143, 147, 148, 504, 506, 509 of the Indian Penal Code.

4.

The Learned Counsel for the applicants submitted that in that same incident applicant Kailash had suffered serious head injuries requiring three stitches. Thus prima facie it appears that it was a free fight. However it is necessary to peruse the investigation papers in both these cases. Therefore, today I am adjourning the matter. Learned Counsel for the applicants has made out a case for

grant of Ad-interim relief.

5.

Hence, the following order :

O R D E R

i) In the event of arrest of the applicants in connection with C.R. No. 568 of 2023 registered with Haweli Police Station, Pune, till the next date the applicants are directed to be released on bail on their executing P. R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) each with one or two sureties in the like amount.

ii) Stand over to 10th April 2024.

(SARANG V. KOTWAL, J.)