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2017 DIGILAW 1019 (BOM)

Ambadas Devidas Yeralkar v. State of Maharashtra

2017-06-07

SANDEEP K.SHINDE, V.K.TAHILRAMANI

body2017
JUDGMENT : V.K. TAHILRAMANI, J. 1. Heard both sides. 2. This appeal has been preferred by the appellants - original accused Nos. 2 and 3 against the Judgment & Order dated 15.4.2017 passed by the 1st Additional Sessions Judge, Baramati, Dist. Pune in Anticipatory Bail Application No. 162 of 2017 preferred by the appellants in C.R. No. 86 of 2017 of Walchandnagar Police Station. The said C.R. is under Sections 323, 324, 504 and 506 r/w 34 of IPC and under Sections 3(1)(r)(s) and 3(2)(Va) of S.C. & S.T. Act. By the said order, the application of the appellants for anticipatory bail came to be rejected, hence, this appeal. 3. It is the case of the complainant that on 25.3.2017, the appellants along with co-accused came to the spot. The appellants knew that the complainant belonged to Pardhi community. The appellants and co-accused abused them in relation to their caste and told them that they should not live in gairan land of the village. The complainant told them that the government had given them the land. Upon this, the co-accused assaulted the complainant with stick on his hand and back. Some people intervened to pacify the quarrel. At that time, the appellants pushed the complainant and assaulted him with fist blows. 4. Learned counsel for the appellants submitted that the incident occurred on 25.3.2017. The complainant has sustained only simple injuries in the incident which is seen from the injury certificate produced by the learned APP. He submitted that the incident occurred on 25.3.2017. FIR has been lodged only on 1.4.2017 which shows that the FIR has been belatedly lodged with malafide reasons. We find that the delay in lodging the FIR has not been satisfactorily explained by the complainant. Looking to the inordinate delay in lodging the FIR, we find much merit in the submission of the learned counsel for the appellants that the appellants have been falsely implicated in this case. In this view of the matter, we are inclined to grant anticipatory bail to the appellants, hence, we proceed to pass the following order:— ORDER i. In the event of arrest, the appellants to be released on bail in the sum of Rs. 25,000/- each [Rs. Twenty Five Thousand each] with one or two sureties to make up the said amount and P.R. Bond in like amount. ii. 25,000/- each [Rs. Twenty Five Thousand each] with one or two sureties to make up the said amount and P.R. Bond in like amount. ii. The appellants shall report to Baramati Police Station, Pune every day from 12.6.2017 to 18.6.2017 from 11.00 a.m. to 1.00 p.m. Thereafter, they shall report to the Police Station as and when required. 5. The appeal is allowed in the above terms.