Bombay High Court
Raj Santosh Shinde And Anr vs The State Of Maharashtra on 2 June, 2021
Author: Sandeep K. Shinde
Bench: Sandeep K. Shinde
20 & 26-ABA-1327-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANT. BAIL APPLICATION NO.1327 OF 2021
Raj Santosh Shinde and Anr. ... Applicants
Vs
The State of Maharashtra ... Respondents
Mr. Harshad Sathe with Shri Saurabh Butala i/by
Shashank C . Mangle for the Applicant.
Mr. Sooraj S. Hulke, APP for the Respondent-State.
AND
ANT. BAIL APPLICATION NO.1335 OF 2021
Sanjay S. Gulambe and Anr. ...Applicants
Vs.
The State of Maharashtra ...Respondent
Mr. Harshad Sathe with Shri Saurabh Butala i/by
Shashank C . Mangle for the Applicant.
MS. Rutuja Ambekar, APP for the Respondent-State.
...
CORAM : SANDEEP K. SHINDE J.
(VACATION COURT THROUGH VIDEO CONFERENCING) DATE : 2nd JUNE, 2021.
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20 & 26-ABA-1327-2021.odt P.C. :
Applicants in these applications are apprehending arrest in connection with the Crime No.40 of 2021 registered with Kolad Police Station for the ofences punishable under Sections 143, 147, 148, 149, 188, 269, 270, 324, 326, 395, 427, 452, 506 of the Indian Penal Code, 1860; Sections 3 and 25 of the Indian Arms Act, Section 51(b) of the Disaster Management Act, 2005 and Sections 3 and 4 of the Epidemic Disease Act, 1897. 2 Free-fght broke out between the two groups; one led by Santosh Polekar and another by Khanvilkar. It seems, Santosh Polekar was awarded contract to transport and carry scrap material from factory premises of M/s. Posco to Village: Taloja. On 2nd May, 2021 feet of trucks, trailers were carrying scrap to Taloja. It was for the frst time M/s. Posco invited on-line tenders for transporting the scrap and Company of Santosh Polekar, M/s. S.P.Logistics was Shivgan 2/7 ::: Uploaded on - 03/06/2021 ::: Downloaded on - 03/06/2021 22:01:14 ::: 20 & 26-ABA-1327-2021.odt successful bidder. In past, contracts were awarded to locals. It could be seen that, Khanwilkar and Others (rival groups) did not approve contract being awarded to Santosh Polekar. As such, on 2nd May, 2021, trailers and trucks carrying the scrap were allegedly intercepted and damaged by Khanwilkar and his group. Mr. Santosh Kumar Yadav, truck driver reported the incident to the police. Whereafter, Crime No.31 of 2021 was registered against Khanwilkar and his group for the ofences punishable under Section 447 and such other sections of the Indian Penal Code, 1860. Soon thereafter incident of interception, Santosh Polekar arrived at scene of incident. It is alleged, the group of members of Khanwilkar took shelter in the farm-house owned by Prashant Mhasilkar, which is close to spot of the incident. Santosh Polekar noticed this fact and he went in the farm- house of Prashant Mhasilkar. In the farm-house, free-fght broke between Khanwilkar and Santosh Polekar. Mhasilkar, owner of the farm-house reported the incident to the police and disclosed the name of Santosh Polekar as well of Shivgan 3/7 ::: Uploaded on - 03/06/2021 ::: Downloaded on - 03/06/2021 22:01:14 ::: 20 & 26-ABA-1327-2021.odt Khanwilkar. He reported the police that one Pratik Salvi was beaten by Santosh Polekar and Prakash Jangam. It was reported that members of both the rival groups damaged the property of the farm-house. Whereafter Crime No.40 of 2021 came to be registered against Khanwilkar and his group members and the applicants. At the relevant time, ofence under Section 395 of the IPC was not registered. Three days after the incident, the owner of the farm-house reported that group members of Santosh Polekar (incidentally applicants before this Court) robbed him of cash Rs.3,500/-. Thereafter, ofence under Section 395 of the IPC came to be registered.
3 It may be stated that the Santosh Polekar and Prakash Jangam were arrested and released on bail. 4 The learned counsel for the applicants submitted that at the material time, applicants were not present in the farm-house. Submission is that, they have been falsely Shivgan 4/7 ::: Uploaded on - 03/06/2021 ::: Downloaded on - 03/06/2021 22:01:14 ::: 20 & 26-ABA-1327-2021.odt implicated. It is submitted that ofence under Section 395 of the IPC came to be added after three days which is seemingly suspicious. It is submitted, accused Santosh and Prakash to whom role of causing assault is being attributed, were released on bail. The learned counsel would also submit that the complainant had fled afdavit and exonerated group members of Khanwilkar. The learned APP admits this fact on instructions of Investigating Ofcer, Mr. Jadhav.
5 I have perused the FIR as well as the material placed on record by the applicants. The learned APP has made available injury certifcate. It shows Pratik Salvi had sufered two fractures; one left ulna at middle and 5 th metacarpal. These two injuries were grievous injuries. However, so far as the assault on Pratik Salvi is concerned, complainant had attributed role to Santosh Polekar and Prakash Jangam. These two accused were arrested and released on bail. On these grounds, applicants are seeking Shivgan 5/7 ::: Uploaded on - 03/06/2021 ::: Downloaded on - 03/06/2021 22:01:14 ::: 20 & 26-ABA-1327-2021.odt pre-arrest protection.
6 Application is opposed by the learned APP. It is submitted that there are criminal antecedents as against applicant nos.1, 2,3,4,5 and 15 (In Application No.1335 of 2021).
7 It may be noted that though the crime is registered against Khanwilkar and his group members, till date they have not been apprehended. Afdavit fled by the complainant, whereby members of Khanwilkar group have been exonerated, is enough to reasonably suspect, truthfulness of complaint. Considering these facts of the case and further that applicants have not been named in the FIR, in my view, applicants have made out the case for granting interim pre-arrest protection. 8 That since applications are coming for the hearing for the frst time, the learned APP could not advance Shivgan 6/7 ::: Uploaded on - 03/06/2021 ::: Downloaded on - 03/06/2021 22:01:14 ::: 20 & 26-ABA-1327-2021.odt arguments in absence of instructions. The learned APP, therefore, seeks time. Time granted.
Stand over to 27th July, 2021.
9 In the meantime, in the event of arrest of the applicants in Crime No.40 of 2021 registered with Kolad Police Station, they shall be released on executing PR bond for the sum of Rs.20,000/- each with one or more sureties in like sum.
10 The applicants shall furnish particulars of contract number and residential address to the Investigating Ofcer within a week from today.
11 They shall join investigation as and when called by the Investigating Ofcer.
12 Stand over to 27th July, 2021.
(SANDEEP K. SHINDE, J.) Shivgan 7/7 ::: Uploaded on - 03/06/2021 ::: Downloaded on - 03/06/2021 22:01:14 :::