Advocates:
['HAWALE ATUL B', '', 'Urgunde Suhas P', 'COPY SERVED ON PP', '', 'UNDRE VIKRAM S']

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

932 CRIMINAL APPLICATION NO.212 OF 2021

VITTHAL MAHADEV BAWALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

...

Mr. A.B. Hawale, Advocate and Mr. V.S. Salve, Advocate h/f Mr. S.P. Urgunde,

Advocate for applicants

Mr. A.M. Phule, APP for respondent Nos.1 and 2

Mr. V.S. Undre, Advocate for respondent Nos.3 and 4

...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE :

20^th APRIL, 2022

ORDER :

1

Present application has been filed under Section 407 and/or 482

of the Code of Criminal Procedure, 1973 by the original informant for

transfer of criminal proceedings bearing Regular Criminal Case No.63/2018,

Regular Criminal Case No.21/2019, Regular Criminal Case No.21/2020 and

Regular Criminal Case No.23/2020 pending before learned Judicial

Magistrate First Class, Bhoom, Dist. Osmanabad to the Court of Sessions at

Beed and Judicial Magistrate First Class, Beed. For the convenience the chart

is given as to how the petitioners are involved in which case and offence.

2

Cri.Appln_212_2021

Sr.No.

Case No.

Offence U/Sec.

Name of accused

01

R.C.C. No.63/2018 324, 323, 504, 506 r.w.s.

34 of the Indian Penal

Code

1) Prithviraj Ranjeet Dhage

2) Sandip Pandurang Bawale

3) Ranjeet Shankar Dhage

02

R.C.C. No.21/2019 324, 323, 504, 506 r.w.s.

34 of the Indian Penal

Code

1) Tanaji Vitthal Dhage

2) Balaji Vitthal Dhage

3) Vitthal Pandurang Dhage

4) Mangalbai Vitthal Dhage

03

R.C.C. No.21/2020 143, 147, 148, 452, 326,

336, 323, 427, 504, 506 of

the Indian Penal Code and

135 of Maharashtra Police

Act.

1) Pandit Vitthal Dhage

2) Balaji Vitthal Dhage

3) Tanaji Vitthal Dhage

4) Vitthal Pandurang Dhage

5) Haribhau Pandurang Dhage

6) Atul Haribhau Dhage

7) Rajubhau Haribhau Dhage

8) Jyoti Tanaji Dhage

9) Shweta Atul Dhage

10) Pallavi Balaji Dhage

04

R.C.C. No.23/2020 143, 147, 148, 149, 307,

327, 324, 336, 323, 504,

506 of the Indian Penal

Code 135 of Maharashtra

Police Act.

1) Maruti Ramling Choube

2) Ranjeet Shankar Dhage

3) Sandip @ Babasaheb

Pandurang Bawale

4) Mahadev Baburao Bawale

5) Vitthal Mahadev Bawale

6) Prithviraj @ Sampat Ranjeet

Dhage

7) Surekha Maruti Choube

8) Rekha Ranjeet Dhage

9) Priyadarshani @ Priya Sandip

Bawale

10) Nilawati Mahadeo Bawale

11) Pandurang Baburao Bawale

12) Dr. Kuldip Pandurang Bawale

2

Heard learned Advocate Mr. A.B. Hawale and learned Advocate

Mr. V.S. Salve holding for learned Advocate Mr. S.P. Urgunde for the

3

Cri.Appln_212_2021

applicants, learned APP Mr. A.M. Phule for respondent Nos.1 and 2 and

learned Advocate Mr. V.S. Undre for respondent Nos.3 and 4.

3

It has been vehemently submitted on behalf of the applicants-

petitioners that informant Balaji Vitthal Dhage is resident of village

Chinchpur Dhage, Tq. Bhoom, Dist. Osmanabad. His brother is Advocate and

he did now allow any Advocate from the Bar Association, Bhoom to represent

the applicants. Though in many matters the offences were bailable; yet,

certain applicants were required to remain in jail, as none of the Advocates

had come forward to represent the applicants. However, on the next day the

Advocate from Osmanabad was called to apply for bail, but that Advocate

was also pressurized to withdraw his appearance. There are cross complaints

against each other and taking into consideration the fact that the applicants

are required to bring Advocate from Osmanabad or Aurangabad they are

apprehending that they may not get fair opportunity. The applicants may not

get proper legal advise and in fact, this act on the part of the Bar Association,

Bhoom is violative of the personal liberty of the applicants enshrined under

Article 21 of the Constitution of India. Therefore, the applicants pray that all

the four matters be transferred to the adjoining district Beed.

4

The learned APP as well as learned Advocate representing

4

Cri.Appln_212_2021

respondent Nos.3 and 4 strongly opposed the application and submitted that

the reasons given are false. The applicants a