(Order below Exh.1)
A.B.A.No.980/2022
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK AT
NASHIK
ANTICIPATORY BAIL APPLICATION NO.980 OF 2022
Suresh Ramchandra Gaikwad
another – 3
]
] .. Applicants/accused
V/s.
The State of Maharashtra
Through– P.I. Dindori
Station.
]
Police ]
] ..Respondent/prosecution
Advocate Shri.Rupesh Bhalshankar for the applicants/accused.
APP Shri.S.G.Kadave for the State.
ORDER BELOW EXH.1
This is an application filed under Section 438 of the Criminal
Procedure Code for offence punishable under Sections 147, 149, 324,
326, 352, 504, 506 of the IPC in C.R.No.251/2022 of Dindori Police
Station.
2.
Facts of the prosecution case are as follows That on 5.7.2022, original complainant got notice from Land
Record Dept. That there is measurement of land Gat No.377, as per
request of original complainant’s relative brother. It is further alleged
that on the same day the measurement officer refused to do the
measurement of land on the pretext of applicant no.1 is not having
possession. It is further alleged that measurement officer and police
staff left and spot so, original complainant also left the spot and
when he was en-rout to his village the applicant nos.1, 2 and 5
obstructed original complainant and original complainant was forced
to come out of his car and they beat to original complainant by hand
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(Order below Exh.1)
A.B.A.No.980/2022
and fist. It is alleged that applicant nos.1,2 and 5 also abused to
original complainant. It is further alleged that thereafter, applicant
no.5 took off the gold chain of one and half gram from original
complainant and applicant no.1 snatched rs.10,000/- cash from
original complainant and gave it to applicant no.2. It is further
alleged that, thereafter applicant no.3, beat to original complainant
by the stick in the hand of applicant no.3 which applicant no.3 used
to walk, he being incapable to walk and see due to partial
handicapness. Applicant no.3 is beating by stick caused right hand
elbow injury and spine injury. It is further alleged as the original
complainant lost the consciousness the applicants left the spot. It is
further alleged that after half an hour original complainant regained
the consciousness and call his friend and this friend send this diver to
original complainant and this driver took original complainant to
Vighnaharta Hospital, Trimurti Chowk, Nashik and thereafter this FIR
came to be lodged.
3.
The applicant’s case is that they are falsely implicated in the
case for land dispute is going on between the original complainant
and applicant no.1 and 3 since long. R.C.S.No.152/2000 is deal
against many defendants in which present original complainant is
defendant no.4 and against this decree all the defendants have filed
Civil Suit No.52/2008 in Nashik District Court, wherein present
original complainant is appellant no.4 and thus appeal also went
against the original complaint alongwith other defendants. The
dispute is regarding Gat No.395 situated at Kochargaon, Dindori,
Nashik.
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(Order below Exh.1)
4.
A.B.A.No.980/2022
At present dispute is going about Gat No.371 and 377 between
applicant nos.1 and 3 and original complainant. Applicant no.3
applied for measurement of Gat No.377 to Land Record Office. Again
second application was filed for the measurement which was
allowed. It was filed by paying Rs.25,000/- to the government. He
has filed all the relevant receipts and application on record at
Annexture – ‘O’ and ‘T’ on record. He has also filed R.T.I. application
in order to provide second report of measurement at Annexture- ‘Q’.
On 27.11.2021 after measurement of land Dindori Police Station has
warned in writing to present original complainant and other not to
disturb the legal claim of applicant no.1 without Court order or else
action will be taken against them. On 4.11.2021 Dindori Police
Station issued letter to applicant no.1 that the complaint of applicant
no.1 is attended and directed to do measurement of land with
appointment of care taker of the land and make proper revenue
record being residence of Mumbai. (Annexture-S) As the second
measurement of Gat No.377 fails due to the objection of present
complainant, applicant no.1 filed RTI application for signature report
of it sensing that the applicant no.1 will file civil case for injunction
and therefore filed this false complaint to pressurize the applicants.
The FIR is filed with malafied intention and they are apprehending
arrest. Hence, this application.
5.
I have heard learned advocate Shri.Rupesh Bhalshankar who
pithily submitted that there are several civil disputes going on in
between the parties. There is already previous enmity between the
parties. But there are no criminal antecedence. Learned APP has
submitted that accused caused fatal injury to the informant. Hence,
all applicants are not entitled for pre-arrest bail.
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(Order below Exh.1)
A.B.A.No.980/2022
6.
Heard both side. Perused application and say.
7.
While considering prayers for grant of anticipatory bail, a
balance has to be struck between the factors namely, no pre-judice
should be caused to free, fair and full investigation and there should
be prevention of harassment, humiliation and unjustified detention
of the accused. Frivolity in the prosecution be always considered and
it is only the element of genuineness that shall have to be considered
in the matter of bail.
8.
The alleged offence under Section 326 of IPC provides
punishment up to life imprisonment but all other offence are
bailable. It nowhere reveals after perusal of the say filed by the
prosecution that the applicant accused are habitual offender. It is
nowhere dispute that accused no. 1 is government servant and
accused no. 3 is also Civil Cleaner in Police Department. Accused no.
2 and 4 are wife of accused no. 1 and 3 respectively. The record filed
alongwith application transpires that various civil suits are pending
between the parties and matters are sub-judice for decision of civil
rights before concern Court. I have gone through the medical
certificate filed on record by the I.O. The say filed by the prosecution
reveals that the assault by the wooden stick and theft of 10.5 gram
gold which is yet to be recovered. The medical certificate reveals
fracture injury. But considering the dispute between both the parties
the offence triable under Section 326 before Magisterial Court. The
theft of Rs. 10,000/- and gold story seems to be suspicious. As record
reveals that on various times government land measurement fees
has been paid by the applicant. The applicant nos. 1 and 3 are
government servants. Despite of it Ld. Counsel Shri. Bhalshankar
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(Order below Exh.1)
A.B.A.No.980/2022
submitted that for the safety of their job they are ready to deposit
amount of Re. 10,000/- and value of 10.5 gram gold in the Court
subject to the outcome of final disposal of the case.
9.
I have gone through all the documents and FIR, it reveals that
civil disputes are going on between the parties. The applicants placed
reliance on copy of notice under Section 149 of Cr.P.C. send to
informant and his two brothers by restraining entry in Gat No.395. It
supports claim of applicant about civil and revenue disputes with
informant. The prosecution has not filed medico-legal certificate on
record from Govt. Hospital. Say of Dindori Police Station at Exh.8
nowhere reveals that injured informant is still admitted in any
hospital. As per the FIR accused no.3 assaulted by wooden stick on
informant’s right hand, leg and back and he lost consciousness.
Therefore, story of the informant seems to be suspicious. Despite of it
as there are no criminal antecedents against them and accused are
ready to abide any condition and considering basic principles of law,
‘jail is exception and bail is rule’. Consequently, accused nos. 2 and 4
are women and played minor role in this offence. Accused nos. 1 and
3 are government servant without any criminal antecedents.
Considering the apprehension of investigation agency about flee over
trial stringent condition can be granted. The applicants accused shall
co-operate the investigation agency for recording statement and
recovery of articles, if any. Hence, I pass following ORDER
1.
Anticipatory Bail Application No.980/2022 is
allowed.
2.
The applicants/accused shall be released on bail,
in the event of their arrest by Dindori Police
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(Order below Exh.1)
A.B.A.No.980/2022
Station in CR No.251 of 2022 registered for the
offence punishable under Section 147, 149, 324,
326, 352, 504, 506 of the Indian Penal Code on
executing PR Bond of Rs.30,000/- each with one
or two solvent surety of like amount on the
following conditions:
a)
That the applicants shall not directly or indirectly
make any inducement threat or promise to any
person acquainted with the facts of the case so as
to dissuade them from disclosing such facts to the
Court or to the police officer.
b)
The applicants shall not leave India without the
previous permission of the Court.
c)
The applicants shall attend Dindori Police Station
on every Monday in between 11.00 a.m. to 2.00
p.m. till filing of charge-sheet.
3.
Concerned Police station be informed accordingly.
4.
The prayer for release on provisional cash bail in
like amount is allowed with eight weeks time to
furnish the surety.
5.
Criminal Bail Application stands disposed of
accordingly.
Digitally signed by
UMESHCHANDRA
JAIKUMAR MORE
Nashik.
Date : 16.08.2022
UMESHCHANDRA
JAIKUMAR MORE
Date: 2022.08.16
17:59:30 +0530
(Dr. U.J. More)
Additional Sessions Judge
Nashik.
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