The High Court of Judicature at Bombay rejected an anticipatory bail application filed by five persons accused of assault and dacoity after an exchange of words regarding excavation rights.
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1ABA 52-12.odt
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.52 OF 2012
Dilip Haribhau Khare & ors
.Applicants
V/s.
The State of Maharashtra.Respondent
Mr.J.D.Mane, Advocate, for the Applicants
Mr.K.V.Saste, APP, for the Respondent - State
CORAM:R.C.CHAVAN, J.
DATE:18TH JANUARY, 2012
P.C.
.Heard the learned counsel for the
respective parties.
2.This is an application for anticipatory
bail by five persons, who have been named in the
FIR as having launched an attack on the first
informant Vilas Narhari Ubale and his friends
with Swords, Iron pipes and sticks. The learned
counsel for the applicants states that the
applicants had absolutely no reason to launch
such an assault, since the right of excavation
2
ABA 52-12.odt
of sand had been given by the applicants' party
in an auction which was held by Tahsildar. He
submits that the first informant has given a
false report after having come to the
applicants' house and having assaulted the
applicants and also committed theft of ornaments
worth 1,00,000/- and cash worth 40,000/-. He
submits that while running away after committing
dacoity, the applicants' party suffered such
injuries. Therefore, he seeks that his
applicants should be admitted to anticipatory
bail. The submissions made and a copy of FIR
filed by even applicants' party would show that
at about 10:00 p.m. on 2nd December, 2011 there
was an exchange of hot words and quarrel between
the two parties. It was also shows that the
applicants have been named in the FIR by Vilas
Narhari Ubale as perpetrators of assault on
Vilas Narhari Ubale and his friends. Umesh
Kadam had suffered three sutured wounds. These
injuries were caused by sharp cutting weapon.
3ABA 52-12.odt
The learned counsel for the applicants states
that FIR by the first informant's wife Mandakini
shows that none of the applicants were present
on the spot. It is difficult to believe that
when the victim was present in the house the
first informant's party, took to heels after
committing dacoity, and while running away
sustained such injuries. No case for grant of
anticipatory bail is made out.
3.Anticipatory Bail Application stands
rejected.
1 issue framed by the court
Whether anticipatory bail should be granted to applicants named in an FIR for assault and dacoity.
Dilip Haribhau Khare & ors
State of Maharashtra
R.C.CHAVAN
As recorded by the court registry
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