Kisan Aaba Jadhav And Ors vs State Of Maharashtra And Anr
2024 Latest Caselaw 567 Bom

Bombay High Court

Kisan Aaba Jadhav And Ors vs State Of Maharashtra And Anr on 10 January, 2024

Author: M. S. Karnik

Bench: M. S. Karnik

2024:BHC-AS:1295




                       Diksha Rane                                906. APEAL 1224.doc




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL APPEAL NO.12/2024

                       KISAN AABA JADHAV & ORS.                  ..APPELLANTS
                             VS.
         Digitally
         signed by     THE STATE OF MAHARASHTRA & ANR.           ..RESPONDENTS
         DIKSHA
DIKSHA   DINESH                                    ------------
DINESH   RANE
                       Adv. Anjali Patil for the appellant.
RANE     Date:
         2024.01.11
         19:24:37      Smt. S. D. Shinde, APP for the State.
         +0530
                       Adv. Rohan Hogle for the respondent no.2-complainant.
                       API S. B. More, Chakan Police Station.
                                                   ------------

                                                     CORAM : M. S. KARNIK, J.

                                                     DATE   : JANUARY 10, 2024.
                       ORAL JUDGMENT :

1. Heard learned counsel for the appellant, learned APP

for the State and learned counsel for the respondent no.2-

complainant.

2. By this appeal, the appellants seek pre-arrest bail in

respect of the offence registered against them by the

respondent no.2 under Sections 294, 323, 324, 504, 506

read with 34 of the Indian Penal Code (hereafter 'IPC' for

short) read with Sections 3(1)(r), 3(1)(s), 3(2)(va), 6 of the

Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (hereafter 'the Atrocities Act' for short)

Diksha Rane 906. APEAL 1224.doc

read with Section 7(1)(d) of the Protection of Civil Rights

(PCR) Act, 1955 (hereafter 'PCR Act' for short) vide First

Information Report (FIR) No.1005/2023 with Chakan Police

Station, Pimpari Chinchwad, on 25/11/2023.

3. There exists a boundary dispute between the

appellants and the respondent no.2- complainant. In any

case, considering the stand of the respondent no.2 as set

out in the affidavit filed, I am not setting out the facts in

details. When the appeal was taken up for hearing, the

respondent no.2, through her advocate has filed an affidavit

dated 10/1/2024 which is taken on record and marked as

Exhibit 'X' for identification. The respondent no.2 is

personally present in the Court. I had requested learned APP

to independently verify whether the complainant has signed

the affidavit and understood the contents. I am informed

that she has done so. The informant has no objection to the

appellants being granted anticipatory bail. The complainant

is present with her husband who is identified by learned

counsel representing her. In this view of the matter, the

appeal stands allowed. In the event of arrest of the

appellants in connection with FIR) No.1005/2023 with

Diksha Rane 906. APEAL 1224.doc

Chakan Police Station, Pimpari Chinchwad, the appellants be

released on bail on their furnishing P.R. Bonds in the sum of

Rs.10,000/- each with one or more sureties in the like

amount.

4. The appellants to co-operate with the investigation.

5. The appeal is disposed of.

(M. S. KARNIK, J.)