The court rejected two connected anticipatory bail applications filed by Abasaheb Balasaheb Warkhade. He sought bail for apprehended arrest in connection with an FIR for assault on police and another for illegal excavation of land.
Both anticipatory bail applications were rejected.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO.113 OF 2022
Abasaheb Balasaheb Warkhade VERSUS The State of Maharashtra
...APPLICANT
...RESPONDENTS
... Mr.Satej S. Jadhav Advocate for Applicant. Mr.V.M. Kagne, A.P.P. for Respondent-State.
DATE OF RESERVING ORDER : 24th FEBRUARY 2022 DATE OF PRONOUNCING ORDER : 6th APRIL 2022
WITH
ANTICIPATORY BAIL APPLICATION NO.135 OF 2022
Abasaheb Balasaheb Warkhade ...APPLICANT VERSUS
The State of Maharashtra ...RESPONDENTS
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... Mr.Satej S. Jadhav Advocate for Applicant. Mrs.Vaishali Patil-Jadhav, A.P.P. for Respondent-State. ...
CORAM: SMT. VIBHA KANKANWADI, J.
DATE OF RESERVING ORDER : 28th FEBRUARY 2022 DATE OF PRONOUNCING ORDER : 6th APRIL 2022
ORDER :
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447, 427, 504, 506 read with Section 34 of the Indian Penal Code.
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vehicle and put the vehicle in reverse gear and then he started to go. Then informant and other Police person tried to obstruct him but then the informant was pushed from the window of the vehicle, as a result of which he fell down and received injuries. The applicant fled away from the said spot. The informant, after getting preliminary treatment, lodged the report.
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dumper and four persons in her field. The J.C.B. driver was excavating the Murum . She asked as to whom the said J.C.B. belongs. The driver told that it belongs to the present applicant and it was also told in the manner that those are the vehicles of Bhai . When informant and her husband asked as to the name of the driver, he abused and threatened them and fled away. The other persons also fled away from the spot.
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taken his name. The applicant is ready to abide by the terms of the bail.
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present applicant was externed. There was no reason for the informant to implicate the present applicant.
[ SMT. VIBHA KANKANWADI , J. ]
asb/APR22
3 issues framed by the court
Whether anticipatory bail should be granted to the applicant apprehending arrest in offences of affray and assault.
Whether anticipatory bail should be granted to the applicant apprehending arrest in offences of theft, criminal trespass, mischief and criminal intimidation.
Whether the applicant deserves the extraordinary discretionary relief of bail given his criminal background.
2 provisions across 1 enactments
Abasaheb Balasaheb Warkhade
The State of Maharashtra
Vibha Kankanwadi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
