Allowed

Mangesh S/O. Madhavrao Pawde v. the State of Maharashtra

Bombay HC4 Apr 2016APPLN/1259/2016

Case brief

AI extract

What is this about?

In this criminal application, the High Court of Judicature at Bombay Bench at Aurangabad granted anticipatory bail to the applicant apprehending arrest for offences under IPC and RERA Act, finding custodial interrogation unnecessary and imposing conditions including the execution of a bond.

What did the court decide?

Release on bail for specified offences upon execution of P.R. bond of Rs. 15,000/- and furnishing surety in like amount.

Mangesh S/O. Madhavrao Pawde Vs the State of Maharashtra — Caste Atrocities | Bombay HC (2016)

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criapln1259-2016

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 1259 OF 2016

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Mangesh s/o Madhavrao Pawde,
Age : 35 years, Occu. Agri. &
Business, R/o Deepnagar, Nanded

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APPLICANT

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VERSUS

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The State of Maharashtra

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RESPONDENT

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Mr. R.N. Dhorde, Senior Advocate instructed by and
with Mr. Vikram S. Kadam, Advocate for the applicant
Mr. M.B. Bharaswadkar, A.P.P. for the respondent-State

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 CORAM: M.T. JOSHI, J.
 DATE : 04/04/2016

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ORAL ORDER :

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1.Heard both sides.

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2.The present applicant who is apprehending his
arrest at the hands of Bhagyanagar Police Station,
District Nanded in Crime No. 201/2015, registered for

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the offences punishable under section 395, 323 of the
Indian Penal Code and under section 3 (1) (x) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, is praying for his release on bail in
the event of his arrest.

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criapln1259-2016

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3.The hearing from both sides as well as the
documents submitted by both the sides would show that on
17th December, 2015, at the petrol pump owned by the
present applicant, certain incident has occurred between
him and his family members as well as the complainant
and his friend.

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4.The FIR in the episode is filed on 22nd

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December, 2015 by one Deepak @ Balu Raut i.e. the friend
of Ratnakar @ Ratnadip Duthade. According to him,
during the said incident, the present applicant has
insulted the complainant over his caste and he and his
friend Ratnakar were assaulted by the applicant, his

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relative and others with iron rod, spade, etc.

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Therefore, the present crime came to be registered.

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5.Mr. R.N. Dhorde, learned senior counsel for the
applicant points towards the fact that while the present
FIR is filed on 22nd December, 2015 i.e. after five days

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of the incident, the complaint from the side of the
present applicant was filed immediately after the
occurrence. The injury certificate collected by the
Investigating Officer would show that the family member

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of the applicant, namely, Ramrao Pawade has received the

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injuries. Not only this, in the said crime, the
investigating officer had immediately arrested the
friend of the present complainant, namely, Ratnakar @
Ratnadeep Duthade. He was presented before the learned
Judicial Magistrate First Class on 19th December, 2015
and was released on bail. At that time, no allegations
of insult, beating or taking away of money were made at
any time. In the circumstances, learned senior counsel
submitted that the applicant be released on anticipatory
bail.

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6.The C.C. TV footage which has been admittedly
inspected by the learned A.P.P. and the learned counsel
for the applicant would admittedly show that the
incident of either using any weapon by the present
applicant or his companion or taking away of money could
not be seen as recorded therein.

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7.Considering the overall material on record, in
my view, the custodial interrogation of the present
applicant is not required. Hence, the following order :

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8.In the event of arrest of the present applicant

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in Crime No. 201/2015, registered with Bhagyanagar
Police Station, District Nanded, for the offences
punishable under section 395, 323 of the Indian Penal
Code and under section 3 (1) (x) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, on
his executing P.R. bond in the sum of Rs. 15,000/-
(rupees fifteen thousand) and also upon furnishing
surety in the like amount.

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9.The applicant to attend the investigating
officer/concerned police station between 09.00 a.m. and
10.00 a.m. for four consecutive Mondays commencing from
11th April, 2016, for the purpose of investigation/
interrogation.

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10.The present application is accordingly allowed
and disposed of.

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npj/criapln1259-2016

Mangesh S/O. Madhavrao Pawde v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mangesh S/O. Madhavrao Pawde v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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