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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.1618 OF 2021

Shivaji Vithoba Mandekar

..

Applicant

Versus

The State of Maharashtra

..

Respondent

…

Mr.Sachin R. Pawar for the Applicant.

Mr.S.S.Pednekar, APP for the State.

...

CORAM: BHARATI DANGRE, J.

DATED : 03^rd SEPTEMBER,2021

P.C:-

1.

The Applicant claims parity with co-accused Sharad

Mandekar, who has been granted pre-arrest bail on

25/08/2021 in his Anticipatory Bail Application No.1619 of

2021. The submission of the learned counsel is to the effect

that the role attributed to the present Applicant is identical to

that of Sharad and, therefore, he is entitled for a similar

treatment.

2.

C.R. No.254 of 2021 came to be registered at Chakan

Polic Station, invoking Sections 353, 186, 143, 147, 149, 447,

504, 506, 294, 336 of the Indian Penal Code (for short, “IPC”)

at the instance of City Survey Offcer at Khed, Pune. The

complainant reported about an incident dated 26/02/2021,

M.M.Salgaonkar

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when he was engaged in carrying out the measurement of Gat

No.268 on instructions of Malpani Logistic Infra Pvt. Ltd. Co,

Pune and for fiing of boundaries. The complainant narrated

that one Malpani Logistic Infra Pvt. Ltd. is the owner of Gat

No.268 and while the staff of the City Survey Department was

engaged in activity of marking the boundaries, one woman,

aged 30 to 35 years, started hurling abuses at the JCB drivers

and the staff of the complainant, who was working on the spot.

On her call, one person with 7 to 8 boys and girls being driven

in tractor, came on the spot and they also participated in a

ruckus. The lady removed the key of the JCB and picked up

one stone and threw it at the JCB. The names of the persons,

who were present on the spot, are given by the complainant

and this include the name of the present Applicant.

3.

The order dated 25/08/2021 record that the submission

of the Applicant in ABA/1619/21, to the effect that Gat No.268

is their ancestral property and in absence of a partition being

effected, portion of the said land was sold by some other

members of the family to Malpani and a suit is also pending

between the two. The submission advanced was to the effect

that the Applicant protested the act of the builder and the

objection is that if measurement was at all to be carried out by

the Revenue Department/City Survey Offcer, the presence of

the JCB on the spot was completely unjustifed.

4.

The allegations in the complaint do not attribute any

specifc role to the Applicant, but what is alleged is that all the

persons, who were present on the spot, have created an

M.M.Salgaonkar

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obstruction in discharge of public duty. In the wake of the

allegations, the custodial interrogation of the Applicant is not

necessary. There is no reason why the beneft granted to the

co-accused shall not be eitended to the Applicant. He is,

therefore, entitled for the following order.

: ORDER :

(a)

The application is allowed.

(b)

In the event of arrest in C.R.No.254 of 2021

registered with Chakan Police Station, Pune, Applicant-

Shivaji Vithoba Mandekar shall be released on bail on

furnishing P.R. bond to the eitent of Rs.20,000/- with

one or two sureties of the like amount.

(c) The applicant shall report to the concerned police

station on every Monday and Wednesday between 10.00

a.m. and 2.00 p.m. for a period of three weeks and

thereafter as and when called for.

(d)The applicant shall not directly or indirectly make

any inducement, threat or promise to any person ac-

quainted with facts of case so as to