Parashram Namdeo Labhade And ORS v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.241 OF 2025 Parshram Namdeo Labhade & Ors.

.... Appellants V/s.

The State of Maharashtra & Anr.

.... Respondents ---- Mr.Aniket Nikam i/b Mr.Sumit Patil, for the Appellants. Mr.P.P. Malshe, APP, for Respondent-State.

Mr.Machindra Kolhe, PSI, Pimpalgaon Baswant Police Station. ---- by NILAM SANTOSH KAMBLE Date:

2025.03.27 17:54:19 +0530 NILAM SANTOSH KAMBLE CORAM : SHIVKUMAR DIGE, J.

DATE : 26th MARCH 2025 P.C:- .

Heard learned counsel for the Appellants and learned APP.

2.

It is contention of the learned counsel for the Appellants that, the Appellant's have been falsely implicated in this case. The Appellant No.1 was assaulted by Respondent No.2. There are no allegations against the Appellant No.2 and 3 that, they have abused on caste to the first informant. But this facts are not considered by the Special Court. Hence, requested N.S. Kamble page 1 of 3

to allow the Appeal.

3.

It is contention of the learned APP that, Appellant's assaulted the first informant and other witnesses with wooden sticks. In the said assault first informant and witnesses got seriously injured. The Appellant's have abused first informant and witnesses on their caste. The Special Court have considered all the aspects and has rejected their anticipatory bail applications. The learned APP seeks time to take further instructions and requested to dismiss the appeal. The learned APP further submitted that, notice is required to be issued to Respondent No.2-first informant.

4.

I have gone through the documents produced on record.

5.

It appears from record that, main allegations are against Appellant No.1 that he abused first informant on his caste. There are allegations against Respondent Nos.2 and 3, they have assaulted the first informant and other witnesses. Considering this fact I pass following order. N.S. Kamble page 2 of 3

ORDER

(i) In the event of his arrest in connection with investigation of C.R.No.29 of 2025, Pimpalgaon Police Station, District-Nashik, the Appellant Nos.2 and 3 shall 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) Issue notice to the Respondents, returnable on 23rd April 2025.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 3 of 3