VASANTRAO Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
STATE OF MAHARASHTRA
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MANGESH S.PATIL,J. -
(1.) This is an application under Section 438 of the Code of Criminal Procedure. The applicants are seeking bail in the event of their arrest in
connection with Crime No.117/2020 registered with Aundha Nagnath Police
Station for the offences punishable under Sections 307 , 326 , 143 , 144 , 147 ,
148 , 149 , 323 , 504 , 506 read with Section 34 of the Indian Penal Code.
(2.) Shortly stated the allegations as can be discerned from the FIR and the Police papers are to the effect that a meeting was arranged for
partition of lands between the family of the informant and that of the
applicants on 10.05.2020 at 22.00 hours. It is alleged that when the
informant and his elder brother Gajanan where deliberating about the
manner of partition, the applicant No.1 insisted that a larger chunk of land
should be allotted to his share. Suddenly he got up, took out a packet
containing chilly powder and splashed it on the informant and Gajanan's
face. It is thereafter that all the applicants started assaulting the informant
and his brother. When there mother Savitribai tried to intervene by rushing
to the spot even she was assaulted. The injured persons were taken to the
Government Hospital at Aundha Nagnath and thereafter to the Civil
Hospital at Hingoli and later on to the Civil Hospital, Nanded. The FIR was
lodged on 13.05.2020 and the offence was registered.
(3.) The learned advocate for the applicants submits that there is enormous and unexplained delay in lodging of the FIR which smacks of
concoction. He points out that in fact the informant and his brother were
the aggressors and had assaulted the applicant No.5 in the same meeting
about which FIR was lodged promptly on the very next morning i.e.
11.05.2020 and Crime No.114/2020 was registered. It is only by way of an after thought, the present FIR has been lodged with imaginary version. No
episode as narrated in the FIR had taken place. The incident had occurred
on the spur of moment. Deliberations were going on regarding partition of
the properties. No deadly weapons were used. The persons who are not at
all concerned with the partition like the applicant nos. 1 to 3 have also been
roped in. The learned advocate further points out that in spite of several
opportunities the prosecutor was unable to produce the injury certificates.
No grievous injuries were sustained by either the informant or any other
person. There are no criminal antecedents. The applicants are ready to
cooperate the Investigating Officer and the application may be allowed.;
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