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2022 Supreme(Bom) 1116

C.V.BHADANG
Nitesh Narayan Rane – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Mr. Niteen Pradhan, Senior Counsel i/b Shubhada Khot, Mr. A.P. Mundargi, Senior Counsel i/b Lokesh Zade and Vishnu Chavan, for the Appellant; Mr. Sudeep Pasbole, Spl.PP with Bhushan Salvi and Y.Y. Dabke, Mr. Vikas Patil Shirgaonka, PI Sachin Houndalekar, for the Respondent.

ORDER

1. Both these applications, seeking anticipatory bail, arise out of Crime No. 387/2021 Police Station Kankavali, District Sindhudurga under Section 307, 120-B r/w Section 34 of Indian Penal Code (IPC). As such they are being disposed of by this common order.

2. Brief facts necessary for the disposal of the applications may be stated thus:

The Applicant No. 1 Nitesh Rane (ABA No. 2/2021) is a sitting MLA in the State from Kankavali Constituency, being elected in the year 2014 and then in 2019 on the ticket of Bhartiya Janata Party (BJP), which is in opposition in the State of Maharashtra. The Applicant No. 2 Sandesh @ Gotya Sawant is said to be a close associate of Applicant No.1. The Applicant Manish Dalvi (ABA No. 51/2022) is a elected Director and the Chairman of Sindhudurga District Central Cooperative Bank ('the said Bank' for short).

3. On 23 December 2021, there was an incident of catcall lampooning', during a protest by the opposition outside Assembly during the Assembly Session involving the ApplicantNo.1, which according to the Applicants did not go well with Shiv Sena, the Ruling coalition Party in the State.

4. Secondly, the elections to the said Bank were scheduled to

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