1 Cri.B.A.No.373/22OrderEx.1
Order below Exh.1 in Cri. Bail Application No. 373/ 2022
1.Sunny Jankiram Medhe
2.Bajirao @ Balaji Mukunda Medhe,
3.Somnath Rajaram Medhe,
4.Navnath Ramdas Bodke,
5.Vikas @ Vikram Pandharinath Bodke… Applicants.
Vs.
T he State of Maharashtra through PI Trimbak Police St. .. Respondent. (Cr. No. I 47/2022)
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 47/2022 registered at Trimbakeshwar Police Station for the offences punishable under sections 397 of the Indian Penal Code. Accordingly, interim protection was granted to them by this Court by order dated 19.03.2022.
2.According to the prosecution case, the complainant lodged report on 16.03.2022 alleging therein that on 15.03.2022 around 10.30 pm, the applicants accused obstructed the way of complainant and assaulted him by iron rod on his head and applicant accused Sunny Medhe also robbed cash of Rs.50,000/ from his pocket. He lodged FIR against the applicants and others and the applicants are apprehending their arrest at the hands of the Police.
3.The ld. Counsel Mr. S.D.Badode submitted that the applicants have been falsely implicated in this case. They are innocent and has not committed any offence as alleged. He further submitted that the crosscases are filed against each other and there is delay of two days in lodging the FIR. None of the applicants are present on the spot. Considering the nature of offence and the fact of filing counter cases against each other, he prayed for grant of application by confirming the interim protection granted to them.
4.The investigating officer has strongly opposed the application by reply Exh.7 and submitted that muddemal, weapons used in the crime, is yet to be recovered. For recovery, their custodial interrogation is necessary. The accused caused grievous injuries to the complainant. The investigation is at initial stage. Hence, prayed for rejection of the application.
The ld. APP Smt. Jadhav has resisted the application in the same line of submissions made by the investigating officer and prayed for rejection of the application.
The complainant injured in this case appeared through his ld. Counsel Shri Inamdar and filed his affidavit at Exh.9 thereby submitted that due to misunderstanding the complaint is lodged.
Now, he has no grievance against any of the accused. So, prayed for allowing the application.
5.After hearing both the sides and on perusal of case papers, it appears that the counter cases are filed by both the parties against each other. It further appears that both parties have settled the dispute outside the Court and complainant has filed his affidavit to that effect. So, considering the nature of dispute, I am inclined to confirm the interim protection granted to the applicants on same conditions.
ORDER
1/ Application Exh.1 is hereby allowed.
2/ Interim protection granted to applicants by this Court on 19.03.2022 is confirmed subject to same conditions.
Inform Police Station accordingly.
Digitally signed NAIR by NAIR SANDHYA SANDHYA SUNIL SUNIL Date: 2022.03.30 17:39:57 -0600 ( Smt. S.S. Nair ) Date : 30.03.2022. Addl. Sessions Judge 4, Nashik.