Bombay High Court
Dattatray S/O. Kisanrao Gaikwad vs The State Of Maharashtra on 9 January, 2019
Author: V. K. Jadhav
Bench: V. K. Jadhav
921-ABA-1334-2018
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
921 ANTICIPATORY BAIL APPLICATION NO.1334 OF 2018
DATTATRAY S/O. KISANRAO GAIKWAD
VERSUS
THE STATE OF MAHARASHTRA
.....
Advocate for Applicant : Mr. Narwade Narayan B.
APP for Respondent-State : Mr. A. P. Basarkar
.....
CORAM : V. K. JADHAV, J.
DATED : 09th JANUARY, 2019
PER COURT:-
1. The learned counsel for the applicant submits that in almost
the same set of allegations and even in the backdrop of the
aggravated allegations against the co-accused persons, learned
Additional Sessions Judge has granted anticipatory bail to them,
however rejected the application of present applicant though the
allegations made against him are mild in nature as against the
allegations made against the co-accused persons. Learned counsel
submits that the applicant is entitled to be released on anticipatory
bail on the principle of parity. In the given set of allegations,
custodial interrogation of the applicant is not at all required. Learned
counsel further submits that in respect of the same incident, brother
of the applicant has lodged a complaint to the Police Inspector,
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921-ABA-1334-2018
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Kotwali Police Station, Ahmednagar alleging therein that the
informant along with other two constables entered into the hotel,
caused damage to the hotel property, snatched away the cash
amount and demanded the amount illegally. Even the photographs
about the damage to the property of hotel are annexed to the
application. Learned counsel further submits that the applicant is
now suffering from paralysis.
2. Learned APP has strongly resisted the application on the
ground that name of the applicant is mentioned in the FIR with a
specific role ascribed to him. He has not only caught hold of the
collar of the informant but also assisted others to extend beating to
the informant. There are specific allegations that the applicant has
caused obstacle in the official discharge of duty of the informant.
The applicant is thus not entitled for anticipatory bail.
3. On careful perusal of the investigation papers and after going
through the allegations made in the complaint, it appears that
allegations have been made against the co-accused to the effect that
they dragged the informant in one lane in between Surya Hotel and
the said Datta Hotel and further extended the beatings to him with
fist and kick blows and also tore his uniform. However, learned
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Additional Sessions Judge has granted anticipatory bail to them.
Even though there are allegations against the present applicant that
he caught hold of the uniform of the informant and abused him and
also extended beatings to him, the learned Additional Sessions Judge
has rejected his application seeking anticipatory bail. In the same set
of allegations, the other co-accused have been released on
anticipatory bail. Thus, the principle of parity squarely applies and
the applicant is entitled for anticipatory bail. In the given set of
allegations, his custodial interrogation is not required. Furthermore,
the applicant is suffering from paralysis. Hence, considering the
entire aspect of the case, I am inclined to grant anticipatory bail to
the applicant. Hence the following order:
ORDER
a. The anticipatory bail application is hereby allowed.
b. The interim anticipatory bail order dated 13.12.2018 stands confirmed on the same terms and conditions.
c. The anticipatory bail application is accordingly disposed of.
( V. K. JADHAV, J.) vre/ ::: Uploaded on - 09/01/2019 ::: Downloaded on - 11/01/2019 05:14:53 :::