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Bombay High CourtABA/308/2025dissmiss for defaultnonprosecution

Raghunath Ramchandra Ghardale v. State Of Maharashtra

2025-02-10Hon'Ble Shri Justice R. N. Laddha3 pages

Diksha Rane 21. ABA 308-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 308/2025 RAGHUNATH RAMCHANDRA GHARDALE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Sunil Kamble a/w. Mr. Rohit Shevale for applicant. Ms. P. N. Dabholkar, APP for the State.

------------ CORAM : RAJESH S. PATIL, J.

DATE : FEBRUARY 10, 2025.

P.C. :

1.

The present application for pre-arrest bail has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with First Information Report (FIR) No. 343/2024 registered with Lonavala Rural Police Station, District Pune Rural, for the offence punishable under Sections 352, 351(2), 3(5), 118(2), 115(2) of the Bharatiya Nyaya Sanhita, 2023.

2.

It seems that there is a property dispute between the informant's family and the family of the applicant in connection with the property bearing Gat No. 136. On 19/12/2024, 15:30 hours, the construction of the road was in progress, the present applicant and one Mr. Kisan Ghardale alleged to have come in front of the

Diksha Rane 21. ABA 308-25.doc informant's house and started abusing her grandfather due to ongoing constructions of the road. The informant told them to stop abusing her grandfather on the ground that the construction of the road was as per the Government plan. Thereafter, the villagers intervened and the quarrel stopped. On 20/12/2024, it is alleged that the applicant along with two unknown women again visited the house of the informant and started abusing their family, when the applicant responded to the informant to apologize. As the informant denied apologizing, the present applicant assaulted her by wooden stick due to which she sustained grievous injuries to her left hand. Hence, the FIR has been lodged.

3.

Taking into consideration the fact that there is a dispute as regards the construction of a road, the applicant is directed to add the informant as a party respondent to the present proceeding. 4.

Amendment to be carried out forthwith. The I.O. to serve the copy of the anticipatory bail application on the newly added respondent.

5.

Stand over to 28/2/2025.

6.

In the meanwhile, no coercive steps be taken against the applicant.

Diksha Rane 21. ABA 308-25.doc 7.

The applicant to attend the concerned police station on 17/2/2025 and 18/2/2025 between 11.00 a.m. to 1.00 p.m. (RAJESH S. PATIL, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 10/02/2025 20:01:24