Allowed

Shriniwas Mahadev Anandkar v. the State of Maharashtra and Anr.

Bombay HC23 Sept 2022APEAL/551/2022

Case brief

AI extract

What is this about?

This criminal appeal concerned a dispute over immovable property wherein appellants faced criminal charges for alleged illegal excavation. The High Court held that custodial interrogation was not necessary and granted pre-arrest bail, confirming interim relief previously granted.

What did the court decide?

Interim relief confirmed; Aprrest bail granted to appellants.

Shriniwas Mahadev Anandkar Vs the State of Maharashtra and Anr. — Bail and Remand | Bombay HC (2022)

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APEAL.556.22.doc

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ssk

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPEAL NO. 556 OF 2022

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Rahul Bhimashankar Anandkar..Appellant
 Versus
State of Maharashtra and Anr...Respondents

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WITH

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CRIMINAL APPEAL NO. 551 OF 2022

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Shriniwas Mahadev Anandkar..Appellant
 Versus
State of Maharashtra and Anr...Respondents

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Mr. V.V. Purwant for Appellant
Mr. S. S. Hulke, APP for State

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Mr. Sagar Rane, Appointed Advocate for Respondent No.2

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CORAM:A. S. GADKARI &

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MILIND N. JADHAV, JJ.
DATE:23rd September, 2022.

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P.C.:

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Heard learned counsel for the respective parties.

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2. Perused record of investigation.

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By a reasoned Order dated 13.06.2022, Appellant has been

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granted interim relief by this Court. Record indicates that, there is a
dispute over immovable property / landed property between the
Appellants and their mother on the one hand and the uncle of
Appellants namely Arjun Laxman Anandkar on the other hand. That,

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the mother of Appellants had earlier submitted a complaint with

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APEAL.556.22.doc

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Mandrup Police Station, Taluka and District-Solapur dated 04.01.2021
against Arjun Laxman Anandkar and his son Raju Anandkar pertaining
to illegal excavation of soil from the agricultural land which according
to the Appellants came to their share. The informant herein is
admittedly working with the uncle of Appellants namely Arjun Laxman
Anandkar from past 10 years and was having her house at the said
disputed plot of land.

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3.It is alleged that, on 21.04.2022 at about 3:00 p.m., the
Appellants alongwith other persons came to the said agricultural field
for measurement of the said land and the present incident in question
thereafter occurred at about 5:00 p.m. As noted earlier, admittedly
there is a long standing dispute over the landed property between
Appellants on one side and their uncle namely Arjun Laxman
Anandkar on the other side. It prima facie appears that, the informant
herein namely Gaurabai S. Kamble might have been put forward by
the said Arjun L. Anandkar to lodge the present crime against
Appellants. The said probability at this juncture cannot be ruled out.
Record further indicates that, the investigation of the present crime is
on the verge of completion.

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4.Learned APP on instructions submitted that, in pursuance of
Order dated 13.06.2022 the Appellants have attended the
Investigating Officer of the concerned Police Station on the stipulated
dates mentioned therein and have cooperated in the process of

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APEAL.556.22.doc

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investigation.

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5.Taking into consideration overall view of the matter, we are
of the opinion that, the custodial interrogation of the Appellants for
further investigation of the present crime is not necessary and they can
be protected by pre-arrest bail.

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6. In view of the above, interim relief granted by Order dated
dated 13.06.2022 is hereby confirmed.

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Impugned Orders dated 17.05.2022 passed below Exhibit-1
in Criminal Bail Application No. 623 of 2022 and Criminal Bail
Application No. 615 of 2022 are hereby set aside and Appeals are
allowed in the aforesaid terms.

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[ MILIND N. JADHAV, J. ]

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[A. S. GADKARI, J.]

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SONALI Digitally signedby SONALI SATISH SATISH KILAJE Date: 2022.09.30 KILAJE 15:17:12 +0530

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Shriniwas Mahadev Anandkar v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Shriniwas Mahadev Anandkar v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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