Allowed

Laxman Namdev Kathmore and Another v. the State of Maharashtra and Another

Bombay HC14 Oct 2024ABA/1239/2024

Case brief

AI extract

What is this about?

The High Court at Aurangabad reviewed anticipatory bail applications filed by four relatives facing arrest in a criminal case alleging assault and snatching arising from property partition disputes. Considering the delay in lodging the police report and the nature of civil disputes between parties, the court allowed the bail applications.

What did the court decide?

Anticipatory bail applications allowed. Applicants Bhagwan Laxman Kathmore and Suvarna Bhagwan Kathmore directed to attend the concerned police station once in a fortnight for recovery, if any.

Laxman Namdev Kathmore and Another Vs the State of Maharashtra and Another — Bombay HC (2024) — LawSathi Research

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1 - aba1239.24.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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38 ANTICIPATORY BAIL APPLICATION NO. 1239 OF 2024 Laxman Namdev Kathmore & another ….Applicants VERSUS The State of Maharashtra & another …..Respondents

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….. Mr. B. S. Chondhekar, Advocate for Applicants. Mr. P. K. Lakhotiya, APP for the State.

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AND ANTICIPATORY BAIL APPLICATION NO. 1237 OF 2024 Mukta Sopan Kathmore ..… Applicant VERSUS The State of Maharashtra & another .....Respondents

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….. Mr. B. S. Chondhekar, Advocate for Applicants. Mr. P. K. Lakhotiya, APP for the State.

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AND ANTICIPATORY BAIL APPLICATION NO. 1243 OF 2024 Bhagwan Laxman Kathmore ..… Applicant VERSUS The State of Maharashtra & another .....Respondents ….. Mr. B. S. Chondhekar, Advocate for Applicants. Mr. P. K. Lakhotiya, APP for the State.

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aba1239.24.odt

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AND 39 ANTICIPATORY BAIL APPLICATION NO. 1241 OF 2024

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Suvarna Bhagwan Kathmore ….Applicant

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VERSUS

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The State of Maharashtra & another …..Respondents

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Mr. B. S. Chondhekar, Advocate for Applicants. Mr. P. K. Lakhotiya, APP for the State.

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CORAM : R. M. JOSHI, J. DATE : 14^th OCTOBER, 2024.

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PER COURT :

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Applicants apprehend arrest in connection with Crime No. 0137/2024 registered with Bamani Police Station, Tq. Jintur, Dist. Parbhani, for the offences punishable under Sections 323, 324, 327, 506 read with Section 34 of the Indian Penal Code.

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First informant Ratnamala reported incident occurred on 21.06.2024. It is her contention that present Applicants came in the room where she was residing and abused and assaulted her with fists and kicks blows. There is allegation against her brother Bhagwan that he snatched cash of Rs. 30,000/- and purse with gold ornaments from her and the same was given to her sister-in-law.

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aba1239.24.odt

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Learned counsel for the Applicants submits that admittedly there are disputes between the parties over partition of the property. He drew attention of the Court to the fact that there is delay in lodging of the report as the incident has allegedly occurred on 21.06.2024 whereas report is lodged on 23.06.2024. He, therefore, submits that this is a case of false/over implication.

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Learned APP opposed the application by drawing attention of the Court to the injury certificate indicating causing of injury on the person of the informant. According to him, there are statements of neighbouring witnesses who have seen occurrence of the incident as narrated in the First Information Report.

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In the First Information Report itself it is mentioned that there are disputes between the parties in respect of their share in the property and civil proceedings are filed by the informant against the Applicants. The alleged incident has occurred on 21.06.2024 whereas report is lodged on 23.06.2024. There is no explanation for causing delay in lodging of the report. There are no criminal antecedents against the present Applicants. Having regard to the delay in lodging of the report, this Court finds substance in the

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4 - aba1239.24.odt

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contention of learned counsel for the Applicant that false allegations could have been made against Applicants with regard to snatching of cash as well as gold ornaments from her. Appropriate directions to the Applicants to appear before the Investigating Officer for the purpose of recovery, if any, will suffice the purpose of investigation. Hence, applications are allowed in terms of the interim order. Applicants Bhagwan Laxman Kathmore and Suvarna Bhagwan Kathmore are directed to attend the concerned police station once in a fortnight.

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( R. M. JOSHI) Judge

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dyb

Laxman Namdev Kathmore and Another v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Laxman Namdev Kathmore and Another v. the State of Maharashtra and Another

Case brief

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What did the court decide?

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