Cri.B.Ano.378/22Ex.1
Order below Exh.1 in Cri. Bail Application No. 378/ 2022
1.Bhaskar Ramu Medhe
2.Tushar Bhagwan Khandre,
3.Yogesh Laxman Medhe,
4.Amol Ashokrao Khaire,
5.Mukunda Mahadu Lachake. … Applicants.
Vs.
The State of Maharashtra through PI Trimbak Police St. .. Respondent.
(Cr. No. I 46/2022)
Order below Exh. 1.
1.This application has been filed by the applicants/accused under section 438 of Cr.P.C. for releasing them on anticipatory bail in Crime. No.I 46/2022 registered at Trimbakeshwar Police Station for the offences punishable under sections 395 & 397 of the Indian Penal Code. Accordingly, interim protection was granted to them by this Court on 19.03.2022 till filing say by the Opponent.
2.According to the prosecution case, the complainant lodged report on 16.03.2022 alleging therein that applicants alongwith coaccused had assaulted him with wooden logs and also robbed gold chain worth of Rs.55,000/. He lodged FIR against the applicants and others and so the applicants are apprehending their arrest at the hands of the Police.
3.The ld. Counsel Mr. S.R.Inamdar submitted that the crosscases are filed against each other and parties have already reached to the compromise. Considering the nature of offence and settlement arrived at between the parties, he prayed for confirming the interim protection granted to them.
4.The investigating officer has filed his reply vide Exh.7 and strongly opposed the application on the ground that muddemal is yet to be recovered from the accused. There is every possibility of tampering and pressurizing the witnesses. The investigation is at initial stage. Hence, prayed for rejection of the application.
The ld. APP Smt. Jadhav has also strongly opposed the application and argued in the line of submissions made by the investigating officer and prayed for rejection of the application.
The complainant in this case also appeared through his ld.Counsel Shri A.K.Kale and filed his affidavit vide Exh.9 and submitted that he has no grievance against any of the accused and due to misunderstanding, the complaint is lodged. Hence, he has no objection to grant the bail to the applicants.
5.After hearing both the sides and going through the case papers, it appears that the counter cases are filed by both the parties against each other. The complainant herein has no grievance against the applicants. Considering the nature of dispute, I am inclined to confirm the interim protection granted to the applicants on the same conditions.
ORDER
1/ Application Exh.1 is hereby allowed.
2/ Interim protection granted to applicants on 19.03.2022 by this Court, is hereby confirmed subject to same conditions.
Inform concerned police station accordingly.
Digitally NAIR signed by NAIR SANDHYA SANDHYA SUNIL SUNIL Date: 2022.03.30 17:01:52 -0600
( Smt. S.S. Nair ) Date : 30.03.2022. Addl. Sessions Judge 4, Nashik.