CNR No. MHNS010035192022
Order below Exh.1 in Cri. Bail Application No.863/2022.
( Suresh Bandu Pawar and others Vs. State )
The present anticipatory bail application is moved by
the applicants­accused No.1 Suresh Bandu Pawar, No.2 Vaishali
Suresh Pawar, No.3, Sachin Chandrakant Pawar, No.4 Suyog
Chandrakant Pawar, No.5 Sangita Chandrakant Pawar, No.6
Chandrakant Bandu Pawar, No.7 Rajashri Dnyaneshwar Pawar
under section 438 of Cr.P.C. in connection with CR No.278/2022
registered with Sinnar Police Station, Tal. Sinnar, Dist. Nashik for
the offence U/s. 143, 147, 452, 342, 504,506, 427 r/w sec.149 of
the Indian Penal Code on 24/6/2022.
2.

It is stated in the application as per prosecution that
applicants­accused have forcibly entered in to the dwelling house
and thereby damaged the household property of the first informant
and thus, formed unlawful assembly.
3.

It is also stated that civil litigation is pending before the
Civil Judge J.D.,Sinnar bearing RCS No.49/1999.

One of the
applicant­accused No.2 Vaishali Suresh Pawar lodged NC bearing
No.916/2022 on 23.6.2022 for the offence punishable under
section 427, 323, 504,506 of IPC against the first informant and
her family members. She had also lodged another NC No.733/2022
against them.
4.

I.O. is present and filed on record his say. He has
produced the case papers of the investigation done so far.
5.

Heard, both parties. The learned counsel Shri. A.C.

Pradhan for the applicants­accused submitted that except section
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452 of IPC all the offences are bailable. He further submitted that
applicants­accused are agriculturist. Their antecedents are clean
and they are ready to abide all conditions laid down by this Court,
these and other grounds, prayed for anticipatory bail.
6.

The learned AGP Shri. Kapse submitted that applicants­
accused have damaged the property of the informant by entering
into the dwelling house. There is dispute between the parties and if
the applicants­accused are granted anticipatory bail, they may
commit such type of offence and may influence the prosecution
witnesses, hence prayed to reject the anticipatory bail application.
7.

I.O. submitted that the weapons and vehicles used in
commission of crime are to be recovered and therefore, the
presence of the accused in police custody is necessary. He also
submitted that there are some unknown persons involved in the
crime and investigation in respect of these unknown persons is tobe
carried with reference to the present applicants­accused.
8.

As per the FIR, it is alleged that applicants­accused
were insisting to remove the house structure from the disputed
land and therefore, on 23.6.2022 at about 3.30 p.m. all accused
formed unlawful assembly and damaged the tin­shed, borewell etc.
9.

Thus, considering the fact of the case, it appears that
prima­facie Section 427 of IPC is made out, however, there is doubt
regarding the applicability of section 452 of IPC as the property in
dispute and spot of incident is a disputed property and is shown as
ancestral property of both the parties, more so none of the
prosecution witnesses is injured as disclosed from the FIR and rest
of the sections are bailable. Therefore, considering the fact that a
Cri. Bail Application No.863/2022.
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civil suit bearing RCS No.49/1999 is pending before the learned
CJJD, Sinnar between the parties in respect of the disputed land.
Hence, I am inclined to grant anticipatory bail application with
certain conditions in terms of order passed below Exh.4.
Accordingly, following order is passed.
ORDER
1)
Anticipatory bail application No.863/2022 is hereby
allowed.

2)
Interim anticipatory bail granted by this court to
applicants­accused No.1 Suresh Bandu Pawar, No.2
Vaishali Suresh Pawar, No.3, Sachin Chandrakant Pawar,
No.4 Suyog Chandrakant Pawar, No.5 Sangita
Chandrakant Pawar, No.6 Chandrakant Bandu Pawar, No.7
Rajashri Dnyaneshwar Pawar by order dated 8.7.2022 is
hereby made absolute on following terms and conditions.

3)
Applicants­accused shall attend the police station as and
when called by the I.O. and shall not tamper the
prosecution evidence, in any manner.

4)
The applicants­accused shall co­operate with the
investigating machinery and to remain present at the
police station on every Monday and Friday in between
11.00 a.m. to 2.00 p.m. till filing of charge­sheet.

5)
Inform concerned Police station.

SHINDE
MADHAV
A
Date­ 22.07.2022
Digitally signed by
SHINDE MADHAV A
Date: 2022.07.22
17:26:46 +0530
( M.A. Shinde )
Additional Sessions Judge­9,
Nashik.