ABA-1308-2021.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO. 1308 OF 2021

Janardhan S/o Kamlakar Nawale

… Applicant

Versus

The State of Maharashtra

… Respondent

.…

Mr. K. N. Shermale, Advocate for applicant

Mr. R. B. Bagul, APP for respondent - State

.…

CORAM : R. G. AVACHAT, J.

DATED : 24^th FEBRUARY, 2022

O R D E R :-

.

This is an application for anticipatory bail. The applicant

claims to have apprehension of arrest in connection with Crime

No.0374/2021, registered with Akole Police Station, Taluka Akole,

District Ahmednagar, for the offences punishable under Sections 326,

323, 504, 506 read with 34 of Indian Penal Code (IPC).

2.

The First Information Report (FIR) was lodged on

25.09.2021. It has been averred in the FIR that the informant has

four flats in ‘

Shreya Residency’. The flats have been let out on rent.

The informant would visit ‘Shreya Residency’ for receiving rent each

month. The informant also constructed a building ‘Sai Residency’.

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The construction work thereof was given to the applicant herein.

There was some oral wrangle between him and the applicant over

the work of construction.

It is further alleged that the informant had been to

‘

Shreya Residency’ on 25.02.2021 by 5.00 p.m. His friend Ramesh

and a wire-man of the Maharashtra State Electricity Distribution

Company Limited, had accompanied him. Electricity supply of his

flat was disconnected. He had been there to reconnect the same. The

informant and the wire-man were engaged in reconnecting the

electricity supply wires. The applicant came there and pulled the

electricity supply wire from the meter. The informant asked him not

to do so. The applicant, thereupon, abused and manhandled the

informant and left. The informant contacted his brother on cellphone

to report of the incident. The applicant came in a while with an iron

rod. He assaulted the informant on the right wrist and waist with the

iron rod. The informant’s friend rescued him. The applicant abused

and gave threats to the life of the informant.

3.

Heard.

Learned Advocate for the applicant would submit that no

incident as alleged in the FIR did take place. There was an

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agreement executed between the applicant and the father of the

informant for development of a land. Some flats were allotted to the

father of the informant. There was a dispute between the applicant

and the informant over the construction. One Police Officer, by name

Wagh, is instrumental to get the FIR registered against the applicant

at the instance of the informant. The Police Officer Wagh was caught

accepting a bribe. The applicant herein was complainant in the said

case. Since then, the police officer has been harassing the applicant.

He has ensured that number of crimes were registered against the

applicant herein. According to the learned Advocate, the

investigation of the crime might have been over. The informant had

not been admitted to hospital. The certificate regarding fracture of

the wrist was issued by a private hospital. The applicant is ready to

abide by any conditions the Court may like to impose. He, therefore,

urged for grant of anticipatory bail to the applicant.

4.

The learned APP would, on the other hand, submit that

the applicant has criminal antecedents. Number of crimes have been

registered against him. Proceedings for his externment have also

been initiated. Medico legal certificate has been issued by the

Government Hospital. The X-ray film does indicate the informant to

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have wrist fracture. As such, serious offence punishable under

Section 326 IPC has prima-facie been made out against the

applicant. He, therefore, urged for rejection of the application.

5.

Considered the submissions advanced. Perused the FIR

and the documents relied on.

The FIR has been lodged within three hours of the

incident. The informant was medically screened at Rura