Bombay High Court
Ankush Raghoba Janjire vs The State Of Maharashtra And Another on 17 January, 2022
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
33 ANTICIPATORY BAIL APPLICATION NO.1628 OF 2021
ANKUSH RAGHOBA JANJIRE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Mr. A.S. Gandhi, Advocate for the applicant
Mr. N.T. Bhagat, APP for the respondent Nos.1 and 2
Mr. S.V. Suryawanshi, Advocate assist to APP
...
CORAM : SMT. VIBHA KANKANWADI, J.
DATE : 17th JANUARY, 2022
PER COURT :
1 Applicant is apprehending his arrest in connection with Crime
No.734/2021 dated 01.12.2021 registered with Karjat Police Station, Dist.
Ahmednagar, for the offene punishable under Section 324, 323, 504, 506
read with Section 34 of the Indian Penal Code, 1860.
2 Heard learned Advocate for the applicant as well as learned APP
well assisted by learned Advocate Mr. S.V. Suryawanshi for the informant.
3 Learned APP has strongly opposing the application on the
ground that the Medico Legal Certificate of the informant shows that he had
::: Uploaded on - 19/01/2022 ::: Downloaded on - 20/01/2022 00:42:13 :::
2 ABA_1628_2021
sustained injuries to the head, both the buttocks, hand, thigh, back and right
forearm i.e. in all six injuries. It found out that there was fracture to his first
metacarpal. The nature of the injuries is stated to be grievous. He also
submits that the regular bail application filed by co-accused Atmaram Mohan
Janjire has been rejected by this Court. Everything was done by the other
three accused persons at the instigation of the present applicant and,
therefore, taking into consideration the reasons mentioned in the First
Information Report, the physical custody of the applicant is necessary for the
purpose of investigation.
4 The FIR has been lodged by one Dattatraya Potre. He states that
the present applicant is his neighbouring land owner and the present
applicant was harassing him since last about six months prior to the First
Information Report, on the ground that the informant should sale his land to
the applicant. It is then stated that the present applicant used to instigate
one Atmaram Janjire so that he would assault the informant and his son and
also used to say that he would get the relief from Court. But as regards this
he says that he had come to know about it about six months ago. The
informant then states about the incident that had allegedly taken place at
about 7.30 a.m. on 24.11.2021. He says that when he was passing near a
streamlet he was called by Atmaram Mohan Janjire, Govardhan Atmaram
::: Uploaded on - 19/01/2022 ::: Downloaded on - 20/01/2022 00:42:13 :::
3 ABA_1628_2021
Janjire and Laxman Atmaram Janjire. They told the informant that he should
sale his land to present applicant. He was abused and assaulted by kicks and
fist blows. Thereafter, Atmaram had given blow of iron rod on the head of
the informant, however, it was stopped by the informant on his left hand,
causing him severe injury to the left hand. Thereafter, Lakhan Janjire had
stabbed on his right thigh from back side with the help of knife. Govardhan
Janjire then assaulted him by cable pipe. He was threatened with the gun.
He then says that thereafter he came near one Amit Grocery shop on his
motorcycle. But again he was assaulted and abused by Atmaram and
Govardhan with the help of iron rod and cable pipe. They allegedly told him
that he is saved today, however, his son had not met them, otherwise he
would have also been assaulted. The relatives of the informant had then
taken him on motorcycle to Police Station. Thereafter he was referred to
Government Hospital. After taking primary treatment he was then referred
to Civil Hospital, Ahmednagar and thereafter he shifted to Kamalnayan Bajaj
Hospital for further treatment. He then says that on the instigation of the
present applicant he was assaulted by the three persons.
5 Learned APP on the assistance of learned Advocate Mr. S.V.
Suryawanshi submits that the police have not invoked Section 329 of the
Indian Penal Code and the offence that has been committed by the present
::: Uploaded on - 19/01/2022 ::: Downloaded on - 20/01/2022 00:42:13 :::
4 ABA_1628_2021
applicant is serious and, therefore, physical custody is required.
6 At the outset, it is to be noted that the allegations against the
present applicant are that he had instigated the other three accused persons.
Admittedly, it appears that no complaint was lodged within the period of six
months prior to the First Information Report, when the informant had come
to know about such kind of instigation by the applicant and for the alleged
harassment by the three others. Asking the applicant to sale his land to him
by the applicant per se may not amount to any offence, but the First
Information Report states that it was insistence coupled with alleged
harassment. Now, as regards the alleged harassment is concerned, the
presence of the applicant has not been stated. On the statement of the co-
accused it is then stated by the present applicant that it was at the instigation
of the applicant. Another aspect to be noted is that the applicant was not
made as an accused in the First Information Report that was lodged, but then
a complaint application appears t read with o have been given by the present
applicant to police on 07.12.2021 and then he appears to have been added as
accused. Further, initially the offence was registered under Section 324, 323,
504, 506 read with Section 34 of the Indian Penal Code and it appears that
later on Section 326 of the Indian Penal Code has been added. No doubt, the
injuries those have been suffered by the informant are serious in nature, but
::: Uploaded on - 19/01/2022 ::: Downloaded on - 20/01/2022 00:42:13 :::
5 ABA_1628_2021
taking into consideration the allegations against the present applicant that
everything was allegedly done at the instigation of the applicant, it can be
said that the physical custody of the applicant is not required for the purpose
of investigation. As regards the Section 329 of the Indian Penal Code is
concerned, at this stage, it is not invoked by the police and unless the
evidence is gathered and whether asking the informant to execute sale deed
in favour of the applicant and alleged insistence may be after the incident of
assault whether amounts to extortion, is required to be seen. It may be
added later on also. But for that purpose also the physical custody of the
applicant is not required. The applicant has permanent place of abode and at
this stage, no criminal antecedents have been shown. The only thing that
appears that Section 109 of the Indian Penal Code has been added by making
the applicant accused in this case. The interim protection that was granted
by this Court on 04.01.2022 deserves to be confirmed, however, one more
condition deserves to be added to the relief. In view of the fact that the
informant had sustained grievous injuries and it appears that for his
treatment he was required to incur amount of Rs.1,02,600/-, the
hospitalization appears to be for 13 days. The receipt for the same has been
attached by the informant. With these observations following order is
passed.
::: Uploaded on - 19/01/2022 ::: Downloaded on - 20/01/2022 00:42:13 :::
6 ABA_1628_2021
ORDER
1 Application stands allowed. 2 The ad-interim protection, granted by this Court earlier to
applicant vide order dated 04.01.2022, is hereby confirmed and made absolute. In other words, if the applicant is not formally arrested, in the event of arrest of the applicant viz. Ankush Raghoba Janjire, in connection with Crime No.734/2021 dated 01.12.2021 registered with Karjat Police Station, Dist. Ahmednagar, for the offene punishable under Section 324, 323, 504, 506 read with Section 34 of the Indian Penal Code, 1860, he be released on P.R. of Rs.30,000/- (Rupees Thirty Thousand only) with two solvent sureties of Rs.15,000/- (Rupees Fifteen Thousand only) each. 3 The applicant shall not indulge in any criminal activity nor he should tamper with the prosecution evidence, in any manner. 4 He should cooperate with the investigation and shall attend the Karjat Police Station, Dist. Ahmednagar on every Thursday between 10.00 a.m. to 02.00 p.m., till filing of charge sheet.
5 He shall not enter the jurisdiction of village Pimpalwadi, Tq. Karjat till the conclusion of trial. He should reside elsewhere, and before ::: Uploaded on - 19/01/2022 ::: Downloaded on - 20/01/2022 00:42:13 ::: 7 ABA_1628_2021 submission of bail papers, the applicant should give complete address of his proposed residence with his mobile number to the Investigating Officer as well as to the Trial Court.
( Smt. Vibha Kankanwadi, J. ) agd ::: Uploaded on - 19/01/2022 ::: Downloaded on - 20/01/2022 00:42:13 :::