CNR No. MHNS010029472022
Order below Exh.1 in Cri. Bail Application No.736/2022.
( Avinash Punjaram Pawar and others Vs. State )
The main application is moved by the applicants­
accused No.1) Avinash Punjaram Pawar, 2) Manik Motiram Pawar,
3) Punjaram Narayan Pawar, 4) Balasaheb Laxman Aher, 5)
Balasaheb Raghunath Sonawane, 6) Vaishali Gorakh Pawar, 7)
Chhaya Manik Pawar, 8) Shobhabai Ramchandra Aher, 9)
Chandrabhagabai Punjaram Pawar, 10) Manisha Avinash Pawar
under section 438 of Cr.P.C. in connection with CR No.149/2022
registered with Deola Police Station, Tal. Deola, Dist. Nashik for
the offence U/s. 353, 143, 147, 504 sec. 149 of the Indian Penal
Code on 9.6.2022.
2.

It is stated in the application that, incident is occurred
on 7.6.2022 that, applicant­accused had caused obstruction and
discharging the public duty of the Circle Officer in respect of
execution of the Tahsildar, Deola in Vahivat Case No.09/2021. It is
also stated that FIR is lodged after two days of the incident, there is
dispute between the parties on land. Applicants­accused are
innocent and have not committed any offence. They are ready to
abide all conditions laid down by this Court, these and other
grounds set out in the application, prayed to allow the application.
3.

I.O. is present and filed his report and opposed the
anticipatory bail. Heard, both side.
4.

On perusal of entire record. There is revenue dispute
between the parties. The learned Tahsildar as well as S.D.O. passed
an order against the applicants­accused and directed them to clear
the road, which is disputed by the applicants­accused and out of
the said dispute the present applicants­accused have been involved
in the present crime. There is civil dispute between the parties. The
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learned counsel for applicants­accused has submitted that the
antecedent of their clients are clean and they are local resident and
agriculturist and they apprehending that their agricultural land
being misused for the alleged road and thus there is infringement
upon their property. The learned counsel submitted that their
clients are going to avail the legal remedy available in the law
against both the order passed by the revenue officers. Considering
the above said fact, there is no need of custodial interrogation of
applicants­accused as nothing is to be remained about seizure from
them. Therefore, I am inclined to allow the present anticipatory
bail application with certain conditions. Hence, following order.
ORDER
1)
Anticipatory bail application No.736/2022 is hereby
allowed.

2)
Interim anticipatory bail granted by this court to
applicants­accused No.1) Avinash Punjaram Pawar, 2)
Manik Motiram Pawar, 3) Punjaram Narayan Pawar, 4)
Balasaheb Laxman Aher, 5) Balasaheb Raghunath
Sonawane, 6) Vaishali Gorakh Pawar, 7) Chhaya Manik
Pawar,
8)
Shobhabai
Ramchandra
Aher,
9)
Chandrabhagabai Punjaram Pawar, 10) Manisha Avinash
Pawar by order dated 13.6.2022 is hereby made absolute
on same terms and conditions.

3)
Applicants­accused shall co­operate with the I.O.

4)
Applicants­accused shall attend the police station as and
when called by the I.O. and shall not tamper the
prosecution evidence, in any manner.

5)
Inform to concern police station accordingly.

SHINDE
MADHAV A
Date­ 23.06.2022
Digitally signed by
SHINDE MADHAV A
Date: 2022.06.23
17:52:20 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.