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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 866 OF 2021

1. Krishna Dinkar Pawar

2. Vishwas Shamrao Pawar

3. Mahendra Mahadev Pawar

.... Applicants

Versus

The State of Maharashtra

.... Respondent

______

Mr. Umesh H. Pawar for Applicants.

Mrs. J. S. Lohokare, APP for State/Respondent.

______

CORAM : SARANG V. KOTWAL, J.

DATE

: 25^th MARCH, 2021

P.C. :

1.

The Applicants are seeking anticipatory bail in

connection with C.R.No. 23 of 2019 registered at Islampur Police

Station, Sangli, on 12/01/2019, under sections 436, 427 and 451

of the Indian Penal Code (for short ‘

IPC’

).

2.

Heard Shri. Umesh Pawar, learned counsel for the

applicants and Smt. Lohokare, learned APP for the State.

3.

The First Information Report (for short ‘

F.I.R.) is

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lodged by one Vikas Kadam who was working as Section Officer

with M/s. Y. M. Krushna Co-operative Sugar factory, at

Retareharnaksh. He has stated that, on 12/01/2019, at about

7:30p.m. a clerk from his office namely Sadashiv Pawar told him

that, in the night somebody had set their office on fire and the fire

was still raging. Therefore, the informant went there. He saw that

locks of the shutter were broken. The lock of the office was also

broken. Some unknown person had gone inside and had set

everything on fire. In the incident, articles and documents

regarding sugarcane crop and other important files, electric

fittings, fans, computers etc. were totally burnt. It is mentioned in

the F.I.R. that some video clipping had gone viral. The informant

made inquiries with his clerk Sadashiv, that time, names of the

present applicants transpired. On this basis the F.I.R. was lodged.

4.

Learned counsel for the applicants submitted that the

applicants had property adjacent to the said office and, therefore,

it was unthinkable that he would commit such offence which

would endanger his own property. Names of the applicants are not

properly mentioned in the F.I.R. The entire material does not travel

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beyond suspicion.

5.

Learned APP, on instructions, has submitted that, there

are no eye witnesses to the incident. The main evidence apparently

was the video clipping, however, neither the first informant nor

anybody else has submitted that video clipping before the

investigating agency and, therefore, it was not possible to verify

the claim made in the F.I.R. Statement of Sadashiv also is based on

the video clipping but he has also not produced such clipping.

6.

I have considered these submissions. As fairly

submitted by learned APP, there is hardly any material against the

present applicants. There are no eye witnesses and the video

clipping which was an important piece of evidence is not collected

by the investigating agency or it could not be collected by the

investigating agency. Therefore, at this stage, there is hardly any

material against the present applicants except suspicion expressed

by the first informant and Sadashiv in their respective statements.

In this view of the matter, taking into account that the incident had

occurred in January 2019, at this stage, custodial interrogation of

the applicants is not necessary. They can be protected by an order

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of anticipatory bail.

7.

Hence, the following order :

ORDER

(i)

In the event of their arrest in connection with

C.R.No. 23 of 2019 registered at Islampur Police

Station, Sangli, the applicants are directed to be

released on bail on their furnishing PR bonds in

the sum of Rs.30,000/- each (Rupees Thirty

Thousand each Only) with one or two sureties

each in the like amount.

(ii) The Applicants shall attend the concerned Police

Station, as and when called and shall cooperate

with the investigation.

(iii) Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.