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Annaso Obalaso Patil Vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2009)

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Bombay HC
2009
Annaso Obalaso Patil Vs the State of MaharashtraAnnaso Obalaso Patil v. the State of Maharashtra

Allowed

Annaso Obalaso Patil v. the State of Maharashtra

Bombay HC7 Nov 2009APPLN/4584/2009

Case brief

AI extract

What is this about?

The court allowed two first cousins, Sachin Patil and Annaso Balaso Patil, who filed opposing criminal complaints against each other over a dispute regarding a guava tree, to be released on bail in the sum of Rs 5,000 each with sureties. The decision followed the settlement of their dispute.

What did the court decide?

Both applicants were released on bail in the sum of Rs 5000/- each with one or two sureties in the like amount and directed to report to the concerned Police Station as and when called.

What the court decided

AI extract

Outcome

Both applicants were released on bail in the sum of Rs 5000/- each with one or two sureties in the like amount and directed to report to the concerned Police Station as and when called.

Issue for consideration

Whether two applicants involved in a mutual altercation and subsequent criminal complaints should be granted bail.

Detailed headnote1 paragraphs

The High Court of Judicature at Bombay allowed bail in two interconnected criminal complaints (C.R. Nos. 72 and 73 of 2009) filed by first cousins against each other alleging offences under the Indian Penal Code for an altercation over a shared guava tree. The matter was disposed of after the parties settled their dispute and acknowledged the settlement before the Court.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JUTISDICTION

CRIMINAL APPLICATION NO. 4233 OF 2009

Mr. Sachin Ramgonda Patil .... Applicant.

V/s

The State of Maharashtra .... Respondent.

Mr. Vijay Killedar for the applicant. Mrs. S.D. Shinde, APP for the State.

ALONGWITH

CRIMINAL APPLICATION NO.4584 OF 2009

Shri Annaso Balaso Patil .... Applicant.

V/s

The State of Maharashtra .... Respondent.

Mr. Tushar Pimle for the applicant.

Mrs. S.D. Shinde, APP for the State.

CORAM: V.M. KANADE, J. DATE : 7TH NOVEMBER, 2009

2

P.C.:

Heard the learned Counsel for the applicants and the learned APP for the State in the respective applications.

Applicants Sachin Patil & Annaso Patil are first cousins. There was an altercation between the two on account of Guava tree which was planted between their houses and, as a result of the said altercation, both assaulted each other and, therefore Sachin Patil filed complaint vide C.R. No.73 of 2009 against Appaso Balaso Patil for the offence punishable under sections 143, 147, 148, 323, 326, 325, 504 and 506 of the Indian Penal Code at Kurunwad Police Station. On the other hand, a counter complaint was filed by Annasao Balaso Patil which was registered vide C.R. No.72 of 2009 for the same offence. Both the brothers have now settled their dispute and both the applicants have given a letter signed by them wherein they have stated that both parties have settled the matter. The said letter is taken on record.

Both the applications are allowed. Both the applicants be released on bail in C.R Nos. 72 of 2009 and C.R. No.73 of 2009 registered at Kurunwad Police Station, in the sum

3

of Rs 5000/- each with one or two sureties in the like amount. Both the applicants shall report to the concerned Police Station as and when called.

Both the applications are disposed of.

(V.M. KANADE, J.)

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether two applicants involved in a mutual altercation and subsequent criminal complaints should be granted bail.

Statutes considered

1 provisions across 1 enactments

AI extract

Indian Penal Code143, 147, 148, 323, 326, 325, 50

Parties & counsel

AI extract

applicant
Sachin Ramgonda Patil
applicant
Anaso Balaso Patil
respondent
The State of Maharashtra

Coram

AI extract

V.M. Kanade

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 7 Nov 2009 · November
Registered: 8 Oct 2009
Case no.: APPLN/4584/2009
CNR: HCBM010361722009
Topic: Cheating and Forgery
Bench: V.m. Kanade
Disposal: REJECTED /DISPOSED AT ADM.STAGE(EXCEPT APPEAL) BAIL GR./REJ.

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Cite this judgement

Annaso Obalaso Patil v. the State of Maharashtra, APPLN/4584/2009 (BOM), decided on 7 November 2009.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Indian Penal Code143, 147, 148, 323, 326, 325, 50

View all statutes

Bench / Coram

V.M. Kanade

Parties & counsel