Allowed

Pravin @ Pappu Harishchandra Bhoir and Ors. v. the State of Maharashtra and Anr.

Bombay HC17 Sept 2021ABA/1159/2021

Case brief

AI extract

What is this about?

This order allows three anticipatory bail applications filed by relatives involved in criminal complaints regarding a dispute over laying pipeline. The court allowed bail based on affidavits confirming that the parties have resolved the dispute amicably, noting previous bail grants in similar cross cases due to settlement.

What did the court decide?

Applications allowed; if arrested, released on bail upon executing PR bond of Rs. 25,000 each with one or more sureties in the like amount.

Pravin @ Pappu Harishchandra Bhoir and Ors. Vs the State of… — Anticipatory Bail | Bombay HC (2021)

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1 of 5 24.ABA.1159.2021.STM.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.1159 OF 2021

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1. Pravin @ Pappu Harishchandra Bhoir,

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2. Jaydas Harichandra Bhoir,

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3. Aryan Rohidas Bhoir

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4. Pramod Ranshur Bhoir Applicants

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versus
The State of Maharashtra and anotherRespondents

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WITH

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ANTICIPATORY BAIL APPLICATION NO.1359 OF 2021

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Shridhar Balaram Bhopi

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Applicant

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versus

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The State of Maharashtra and another

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Respondents

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WITH

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ANTICIPATORY BAIL APPLICATION NO.1420 OF 2021

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Hemant Ashok Bhoir and anotherApplicants

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versus

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The State of MaharashtraRespondent

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Mr.R.D.Suryawanshi i/by Mr.C.K.Pendse, Advocate, for Applicants in
ABA No.1159 and for Respondent no.2 in ABA Nos.1359 and 1420 of
2021.

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Mr.Vikas Shivarkar with Mr.Devidas K.Botkondle, Advocates, for
Applicants in ABA Nos.1359 and 1420 of 2021; and for Respondent
in ABA No.1159 of 2021

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Mr.S.R.Agarkar, APP, for Respondent-State.

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Mr.N.R.Heman, Police Havaldar, Kulgaon Police Station, present.

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CORAM :PRAKASH D. NAIK, J.

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DATE : 17th September 2021

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PC :

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MANISHSURESHTHATTE Digitally signed byMANISH SURESHTHATTEDate: 2021.10.0410:13:45 +0530

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1.The applicants in Anticipatory Bail Application No.1159 of
2021 are apprehending arrest in CR No.I-30 of 2021 registered with
Kulgaon Police Station, for offences under Sections 307, 341, 324,

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Corrected version of order dated 17-9-2021, pursuant to Speaking to Minutes order dated 27-9-2021

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2 of 5 24.ABA.1159.2021.STM.doc

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323, 506, 143, 147, 148, 149 of Indian Penal Code and under
Sections 37(1) and 135 of Maharashtra Police Act.

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The applicants in Anticipatory Bail Application No.1359 of
2021 and Anticipatory Bail Application No.1420 of 2021 are
apprehending arrest in CR No.I-31 of 2021 registered with Kulgaon
Police Station for offences under Sections 326, 324, 323, 427, 504,
506, 143, 147, 148, 149 of Indian Penal Code and under Sections
37(1) and 135 of Maharashtra Police Act.

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2.The complaint in CR No.I-30 of 2021 is lodged by Yogesh
Bhalchandra Bhoir and complaint in CR No.I-31 of 2021 is lodged by
Jaydas Bhoir. The allegations in CR No.I-30 of 2021 are that on 3rd
February 2021 Rohidas Bhoir and Mayur Hegde were carrying out
work of lying pipeline and digging work was going on. When the
complainant along with Hemant Bhoir, Shridhar Bhoir, Samadhan
Bhopi and Amol Bhoir came to the spot of digging work from their
vehicles. The accused stopped them. Hemant Bhoir and Shridhar
Bhopi told the co-accused Rohidas Bhoir that he cannot do the work
of pipeline. Pappu Bhoir assaulted Hemant BHhoir with sword on his
head. Pramod Bhoir assaulted Shridhar Bhoi with sickle on his head.
Jaydas Bhoir, Arihant and Amit Bhoir and others assaulted Amol
Bhoir with weapons like sickle and iron rod and they further
assaulted the first informant with fist and kick blows. The
complainant Sagar Bhoir at the spot and injured were shifted to
Bhagwati Hospital, Badlapur.

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3. The allegations in CR No.I-31 of 2021 are that Rohidas Bhoir and Mayur Hegade were awarded the contract of laying pipeline. On

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Corrected version of order dated 17-9-2021, pursuant to Speaking to Minutes order dated 27-9-2021

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3 of 5 24.ABA.1159.2021.STM.doc

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3rd February 2021 at about 5.30 pm, the first informant along with
his brother Amit Bhoir, Sunil Bhoir, Ravindra Bhoir and Rohidas
Bhoir were carrying out the work of laying the pipeline. Hemant
Bhoir, Shridhar Bhopi, Amol Bhoir, Samadhar Bopi, Haresh Bhopi,
Ashok, Pramod Bhoir and Yogesh Bhoir came to the spot. Rohidas
Bhoir was assaulted with sword. Jaydas tried to intervene. Hemant,
Shridhar, Haresh, Amol assaulted Jaydas Bhoir. Damage was caused
to the car. Sagar Bhoir and Jayesh Bhoir pelted stones on the
vehicle. Jaydas was unconscious. Pappu Bhoir came there and
Rohidas Bhoir, Pappu Bhoir, Arihant were shifted to hospital.

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4.Some of the accused in CR No.I-31 of 2021 were arrested.
Yogesh Bhoir, Hemant Bhoir, Shridhar Bhopi, Amol Bhoir and
Samadhan Bhopi sustained injuries.

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5.Rohidas Bhoir and Raj Bhoir who were accused in CR No.I-30
of 2021 had preferred application for anticipatory bail before this
Court, which was numbered as ABA No.830 of 2021. Accused
Santosh Bhoir and Harishchandra Bhoir were arrested on 4th
February 2021. They preferred Bail Application No.1385 of 2021.
They were arrested in Cr No.I-30 of 2021. Both the applications
were allowed vide order dated 1st April 2021. While allowing the
said applications it was observed that there are cross cases viz CR
No.I-30 of 2021 and CR No.I-31 of 2021. The applicants who were
arrested were in custody for substantial period of time and one of
them was senior citizen aged about 73 years. The complainant was
represented by advocate and it was submitted before this Court that
parties have resolved the dispute. An affidavit in that regard was
filed, which was taken on record. It was observed that there were

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Corrected version of order dated 17-9-2021, pursuant to Speaking to Minutes order dated 27-9-2021

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4 of 5 24.ABA.1159.2021.STM.doc

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cross cases and the accused are in custody and considering the said
aspect, anticipatory bail application as well as bail application was
allowed. Ashok Bhoir and others preferred ABA No.1110 of 2021.
They were apprehending arrest in CR No.I-31 of 2021. The
complainant had appeared through his advocate and submitted that
dispute between the parties has settled. The affidavit about
settlement between both the parties were tendered. The affidavits
were taken on record. By order dated 26th April 2021 the application
for anticipatory bail was allowed.

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6.In ABA No.1159 of 2021, Yogesh Bhoir has filed an affidavit
dated 10th July 2021 stating that he is the victim in CR No.I-30 of
2021. Both the sides are relatives. They are residents of same
village. They have settled the dispute amicably and he is supporting
the application preferred by the accused. ABA Nos.1359 of 2021 and
1420 of 2021 were preferred in connection with CR No.I-31 of 2021.
Learned counsel for applicants has made similar submissions that the
parties have settled the dispute. The affidavit filed in Criminal Writ
Petition preferred by Jaidas Bhoir and others, has been annexed to
this application stating that parties have executed compromise.
Jaidas Bhoir who is complainant in CR No.I-31 of 2021 filed an
affidavit in these applications stating that parties have compromized
and he has no objection for allowing said applications. Similar
affidavit is filed in ABA No.1042 of 2021.

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7.Considering the fact that parties have resolved the dispute to
maintain harmony and the previous applications for anticipatory bail
and regular bail were allowed on the ground that parties have
compromised, these applications can be allowed. Hence, I pass

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Corrected version of order dated 17-9-2021, pursuant to Speaking to Minutes order dated 27-9-2021

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5 of 5 24.ABA.1159.2021.STM.doc

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following order :

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ORDER

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(i)Anticipatory Bail Application No.1159 of 2021 is allowed;

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(ii)In the event of arrest of applicants in CR No.I-30 of 2021,
which is subject matter in ABA No.1159 of 2021, registered with
Kulgaon Police Station, the applicants be released on bail on their
executing PR bond in the sum of Rs.25,000/- each with one or more
sureties in the like amount;

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(iii)Anticipatory Bail Application No.1359 of 2021 and
Anticipatory Bail Application No.1420 of 2021 are allowed;

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(iv)In the event of arrest of applicants in CR No.I-32 of 2021,
which is subject matter in ABA No.1359 of 2021 and ABA No.1420 of
2021, registered with Kulgaon Police Station, the applicants be
released on bail on their executing PR bond in the sum of
Rs.25,000/- each with one or more sureties in the like amount;
(v)Anticipatory Bail Application Nos.1159 of 2021, 1359 of 2021
and 1420 of 2021 are disposed of.

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(PRAKASH D. NAIK, J.)

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MST

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Corrected version of order dated 17-9-2021, pursuant to Speaking to Minutes order dated 27-9-2021

Pravin @ Pappu Harishchandra Bhoir and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Pravin @ Pappu Harishchandra Bhoir and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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