ABA-1215-2020 with 667-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO.1215 OF 2020

1.

Nilesh s/o Dnyaneshwar Desale

2.

Sagar s/o Gokul Koli

3.

Yogesh s/o Tukaram Patil

4.

Bhushan Dnyaneshwar Patil

5.

Shubam Dnyaneshwar Patil

… Applicants

Versus

The State of Maharashtra

… Respondents

...

WITH

ANTICIPATORY BAIL APPLICATION NO.667 OF 2020

1.

Sanjay Bhikan Patil

2.

Kailash Bhikan Patil

3.

Sharad Bhikan Patil

4.

Bhavesh Sanjay Patil

5.

Amol Nana Patil

6.

Samadhan Nana Patil

7.

Smbhaji Ananda Patil

8.

Narendra Arun Patil

… Applicants

Versus

The State of Maharashtra

… Respondents

…

Mr. M. V. Salunke, Advocate for applicants in ABA/1215/2020.

Mr. Kshitij H. Surve, Advocate for applicants in ABA/667/2020

Mr. N. T. Bhagat, APP for the respondent – State in both the cases.

…

CORAM

:SMT. VIBHA KANKANWADI, J.

Reserved on

: 10.01.2022

Pronounced on : 28.01.2022

(1)

ABA-1215-2020 with 667-2020.odt

ORDER :-

.

Both the applications are by the accused persons, who have

lodged first information report against each other. For the sake of

convenience only these applications are decided together.

2.

The applicants in ABA No.1215 of 2020 are apprehending their

arrest in connection with Crime No.171 of 2020 registered with

Bhadgaon Police Station, Dist. Jalgaon for the offence punishable under

Sections 143, 147, 148, 149, 307, 325, 324, 188 of Indian Penal Code

and under Section 135 of the Maharashtra Police Act, whereas the

applicants in Anticipatory Bail Application No.667 of 2020 are

apprehending their arrest in connection with Crime No.170 of 2020

registered with the same police station for the offence punishable under

Sections 143, 147, 148, 149, 307, 324, 325, 323, 504, 506, 188 of

Indian Penal Code and under Section 135 of the Maharashtra Police Act.

3.

Heard learned Advocate Mr. M. V. Salunke for the applicant in

ABA/1215/2020, learned Advocate Mr. K. H. Surve for the applicant in

ABA/667/2020 and learned APP Mr. N. T. Bhagat for the respondent –

State in both the cases. In order to cut short, it can be said that all of

them have made submissions in support of their respective contentions.

(2)

ABA-1215-2020 with 667-2020.odt

4.

Firstly dealing with ABA No.1215 of 2020 it can be seen that the

said FIR has been lodged by one Sanjay Bhikan Patil, who is applicant

No.1 in ABA No.667/2020. That FIR has been lodged on 26.05.2020

and registered on 28.05.2020 at about 11.40 hours. It is subsequent to

the FIR lodged by present applicant No.1 in Crime No.170 of 2020. In

this FIR, it has been contended that the incident took place around

11.00 p.m. on 25.05.2020. When the informant and other persons who

were his brother and friends were sitting, at that time, the present

applicants and co-accused came armed with sticks and lathi’s. Present

applicant No.1 had axe in his hands and applicant No.2 was holding

sword. Co-accused Naval was holding iron rod. It is then stated that the

informant was assaulted by applicant Nos.1 and 2 with Axe and Sword.

The other witnesses were also assaulted and the brother of the

informant had received injuries to his head, both arms, back and

stomach, whereas witness Ganpat Koli received injury to his head. All

were then taken to Apex Hospital for treatment. It is also to be noted

from the police papers that the weapons used in commission of crime

appear to have been seized from the accused, who were arrested i.e.

Dnyaneshwar Patil and Naval Koli. Nothing is required to be seized

from the present applicants.

5.

The objection has been taken to the application on the ground

(3)

ABA-1215-2020 with 667-2020.odt

that the informants mother was Sarpanch of the village and the accused

persons were her political rivals. There were disputes between those

two groups and there are offences registered with the same police

station. Three offences have been mentioned, however, the details of

the same as to who had lodge