Shashikant Jagannath Thorat Vs State of Maharashtra Nashik Sessions Court BA 745 of 2022

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Cri.B.A.No.745/22­Order­Ex.1.

Order below Exh.1 in Bail Application No. 745/2022
Shashikant Jagannath Thorat
..

Applicant/
Accused.

..

Prosecution
Vs.

The State of Maharashtra
through Police Inspector,
MIDC Police Station, Sinnar.
(Cr. No.I 145/2022)
Order below Exh.1.
1.

This
application
has
been
filed
by
the
applicants/accused under section 438 of Cr.P.C. for releasing
him on anticipatory bail in the event of his arrest in the
aforesaid Crime registered at MIDC Police Station, Sinnar for
the offence punishable under section 143, 147, 148, 149, 504, 506,
427 of the Indian Penal Code and under Sections 3(1)(r)(s) of the
Scheduled Caste & Schedules Tribes (Prevention of Atrocities)
Act and accordingly, interim protection was granted to applicant
on 14.06.2022.
2.

Heard Learned Advocate Shri A.D.Ghumare, for the
applicant and learned A.P.P. Smt. Jadhav for the State and ld.
Advocate Shri Kolhe for the informant. Perused the papers of
investigation.

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3.

Cri.B.A.No.745/22­Order­Ex.1.

It is the case of the prosecution that the applicant has
threatened and abused the informant by uttering abusive words
on caste thereby humiliated and insulted the informant.

4.

Ld. Advocate for the applicant pointed out that the
report lodged by the informant did not contain any allegations as
to abusive words uttered by the applicants. Further, it is pointed
out that dispute is in respect of landed property.
that effect are produced on record.

Documents to
Charge under Atrocities Act
came to be added on the basis of supplementary statement which
came to be recorded after nine days.

Thus, prima facie
involvement of the applicant in alleged offence is found to be
dubious one.

5.

Now, say is filed by the IO but there is no substantial
ground to resist the application specifically against the present
applicant.

As observed earlier, there are no specific allegations
or role attributed to applicant, in report.

By way of
supplementary statement, his name came to be involved without
there being any specification.
applicant on 14.06.2022.

Interim was granted to the
He has followed the direction and
cooperated the investigation.

6.

The ld. Advocate for the Applicant submitted that the
applicant is reputed person. He is agriculturists and permanent
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local resident.

Cri.B.A.No.745/22­Order­Ex.1.

Applicant is ready to abide any conditions,
imposed by this Court. Therefore, considering all these aspects,
this Court is of the view that interim relief granted to the
applicant, can be confirmed. Hence, the order.

::O R D E R::
1]
The application ( Exh. 01) is allowed.
The interim relief granted to applicant on
14.06.2022 stands confirmed subject to following
conditions.
a] That the applicant shall make himself available
for interrogation by the Investigation Officer as
and when required under written intimation.
b] The applicant shall not directly or indirectly,
make any inducement, threat or promise to any
person acquainted with facts of accusation, so as
to dissuade them from disclosing such facts to
the Court or to any Police Officer.

2]
Inform P.S.O. concerned accordingly.
ADITEE
UDAY
KADAM
Nashik
Date : 21.06.2022.

Digitally
signed by
ADITEE
UDAY
KADAM
Date:
2022.06.22
12:45:08 0600
(Aditee U. Kadam)
Additional Sessions Judge­2,
Nashik.

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Cri.B.A.No.745/22­Order­Ex.1.