Rambhau @ Ramdas Damodar Raut vs The State Of Maharashtra
2017 Latest Caselaw 2889 Bom

                                                                              14a. cri apeal 404-17.doc


RMA      
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL APPEAL NO. 404 OF 2017


            Rambhau @ Ramdas Damodar Raut                                .. Appellant

                                 Versus
            The State of Maharashtra & Anr.                              .. Respondents

                                                  ...................
            Appearances
            Mr. Shriram S. Chaudhari i/by
            Mr. N.V. Gaikwad                           Advocate for the Appellant
            Mr. H.J. Dedia                             APP for the State
                                                  ...................



                              CORAM       : SMT. V.K. TAHILRAMANI &
                                              SANDEEP K. SHINDE, JJ.
                              DATE        :   JUNE 7, 2017.


            ORAL JUDGMENT [PER SMT. V.K. TAHILRAMANI, J.] :


            1.           Heard both sides.




            2.           This appeal has been preferred by the appellant -

            original accused No. 1 against the Judgment & Order dated

            15.4.2017 passed by the 1st Additional Sessions Judge,

            Baramati, Dist. Pune in Anticipatory Bail Application No. 163

            of 2017 preferred by the appellant in C.R. No. 86 of 2017 of


            jfoanz vkacsjdj                                                                   1 of 4




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Walchandnagar Police Station.              The said C.R. is under

Sections 323, 324, 504 and 506 r/w 34 of IPC and under

Sections 3(1)(r)(s) and 3(2) (Va) of S.C. & S.T. Act. By the

said order, the application of the appellant for anticipatory

bail came to be rejected, hence, this appeal.




3.           It is the case of the complainant that on 25.3.2017, the

appellant along with co-accused came to the spot.                         The

appellant knew that the complainant belonged to Pardhi

community. The appellant and other accused abused them in

relation to their caste and told them that they should not live

in gairan land of the village. The complainant told them that

the government had given them the land.                 Upon this, the

appellant assaulted the complainant with stick on his hand

and back. Some people intervened to pacify the quarrel. At

that time, other accused also pushed the complainant and

assaulted him with fist blows.




jfoanz vkacsjdj                                                       2 of 4




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4.           Learned counsel for the appellant submitted that the

incident occurred on 25.3.2017.                The complainant has

sustained only simple injuries in the incident which is seen

from the injury certificate produced by the learned APP. He

submitted that the incident occurred on 25.3.2017, however,

FIR was lodged only on 1.4.2017 which shows that the FIR

has been belatedly lodged with malafide reasons. We find

that the delay in lodging the FIR has not been satisfactorily

explained by the complainant.               Looking to the inordinate

delay in lodging the FIR, we find much merit in the

submission of the learned counsel for the appellant that the

appellant has been falsely implicated in this case.                    In this

view of the matter, we are inclined to grant anticipatory bail

to the appellant, hence, we proceed to pass the following

order:-

                                      ORDER

i. In the event of arrest, the appellant to be

released on bail in the sum of Rs. 25,000/-

[ Rs. Twenty Five Thousand ] with one or two

sureties to make up the said amount and P.R.

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14a. cri apeal 404-17.doc

Bond in like amount.

ii. The appellant shall report to Baramati Police

Station, Pune every day from 12.6.2017 to

18.6.2017 from 11.00 a.m. to 1.00 p.m.

Thereafter, he shall report to the Police Station

as and when required.

5. The appeal is allowed in the above terms.

[ SANDEEP K. SHINDE, J. ]             [ SMT. V.K. TAHILRAMANI, J. ]




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