1 Cri.B.A.No.1061/22OrderEx.1.
Order below Exh.1 in Bail Application No. 1061/2022
1/ Shashi Ramchandra Jadhav & Others .. Applicants / Accused.
Vs.
The State of Maharashtra through Police Inspector, Taluka Police Station, Nashik. Prosecution
(Cr. No.I 156/2022)
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 the event of their arrest in the aforesaid Crime registered at Taluka Police Station, Nashik for the offence punishable under section 143, 147, 323, 337, 504, 506 of the Indian Penal Code and under Sections 3(1)(s), 3(1)(r), 3(2)(va), 3(1)(f), 3(1)(g) of the Scheduled Caste & Schedules Tribes (Prevention of Atrocities) Act and accordingly, interim protection was granted to applicants on 30.08.2022.
2.Heard Mr. S.V.Bhate, learned Advocate for applicants, ld. APP Smt. Jadhav. The informant is also present alongwith learned Advocate Shri Donde. Perused the say filed by informant. IO is present. Perused the papers.
3.It is the case of the prosecution that the applicants have threatened and abused the informant by uttering abusive words by caste name and thereby humiliated and insulted the informant party
and also assaulted them.
4.On perusal of record, it reveals that interim bail was granted by the Court considering prima facie case and that the civil litigation pending between the parties. It is pertinent to note that the Court has already observed that, “bar u/s. 18 of the Atrocities Act will not get attracted”. Apparently, since long dispute between the parties in respect of landed property is going on. Bunch of documents to that
effect are produced on record.
Learned Advocate for the applicant submitted that interim relief is granted in favour of applicants by the Civil Court.
Moreover, dispute allegedly occurred on 15.08.2022 whereas report came to be lodged on 24.08.2022.
report prima facie create doubt about its veracity. Delay in lodging. As such, prima facie, involvement of the applicants in alleged offence is found to be dubious one. On these amongst ground, interim bail was granted to applicants on 30.08.2022.
5.Now, investigating officer has filed a say and raised formal objections. It appears that applicants have
cooperated the investigation. The ld. Advocate for the Applicants submitted that the applicants do not have criminal antecedents. They are reputed person. They are permanent local resident. Therefore, considering all these aspects, this Court is of the view to confirm the interim protection granted to applicants. Hence, the order.
::O R D E R::
1] The application ( Exh. 01) is allowed.
2] The interim protection granted to applicants on 30.08.2022 stands confirmed subject to same
conditions.
3] Inform P.S.O. concerned accordingly.
ADITEE UDAY KADAM Nashik Date : 08.09.2022. Digitally signed by ADITEE UDAY KADAM Date: 2022.09.08 17:34:58 0600 (Aditee U. Kadam) Additional Sessions Judge 2, Nashik.