Bombay High Court
Dilip Punja Kasabe vs The State Of Maharashtra And Others on 4 October, 2018
Author: V. K. Jadhav
Bench: V. K. Jadhav
911-CriAppln-6189-17
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
911 CRIMINAL APPLICATION NO. 6189 OF 2017
DILIP PUNJA KASABE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
......
Advocate for Applicant : Mr. Nangare Prashant R.
APP for Respondent No.1 : Mr. P. K. Lakhotia
Advocate for Respondent Nos. 2 to 5 : Mr. V. S. Bedre
.....
CORAM : V. K. JADHAV, J.
DATED : 04th OCTOBER, 2018 PER COURT:-
1. By way of this criminal application, the applicant/original complainant is seeking cancellation of anticipatory bail granted in favour of respondent nos. 2 to 5 by this Court (Coram: Indira K. Jain, J.) by order dated 28.04.2016 in criminal application no.
1762 of 2016 with criminal application no. 1732 of 2016.
2. Learned counsel for the applicant submits that though this court has granted anticipatory bail as stated above, on 22.08.2017, respondent nos. 2 to 5 threatened the applicant to withdraw the case and further abused him on caste basis. Learned counsel submits that even though the applicant has filed complaint in the ::: Uploaded on - 04/10/2018 ::: Downloaded on - 05/10/2018 02:59:19 ::: 911-CriAppln-6189-17 -2- concerned police station and even thereafter approached to the Superintendent of Police, no cognizance is taken and only an inquiry was conducted, however, no crime has been registered. He submits that thus, the anticipatory bail granted in favour of respondent nos. 2 to 5 may be cancelled.
3. Learned counsel for respondent nos. 2 to 5 submits that trial in this crime has already been commenced and the prosecution has examined in all five witnesses. During the course trial of sessions case no. 243 of 2016 arising out of the present crime, respondent no.2 herein has complained through his advocate that the police are calling him again and again at police station and asking him to sit there for hours together. It has also been submitted before the trial court that the informant (present applicant) is putting pressure on the police and unnecessarily the respondent nos. 2 to 5 are being harassed by the police machinery. Learned Additional Sessions Judge, Ahmednagar, by order dated 06.08.2018 passed below exhibit 1 in sessions case no.243 of 2016, has considered the submissions of both the parties and issued directions to the concerned police station as not to call the accused in the pending case without order of the court and without any purpose. Even the ::: Uploaded on - 04/10/2018 ::: Downloaded on - 05/10/2018 02:59:19 ::: 911-CriAppln-6189-17 -3- learned Judge has also given warning to the present applicant that if such act is repeated in future, suitable action will be taken. Learned counsel submits that there is no breach of condition and this criminal application has been filed in order to harass the respondents.
4. I have also heard learned APP for the State.
5. It appears that this Court has granted anticipatory bail in favour of respondent nos. 2 to 5 herein by order dated 28.04.2016. Even if any further incident has taken place, the applicant can very well approach to the concerned police station and if cognizance of his complaint is not taken, he may take recourse to the other available remedies. However, there is no reason to cancel the anticipatory bail granted in favour of respondent nos. 2 to 5 herein. Furthermore, the trial has already been commenced in the case and during the course of trial, learned Judge of the trial court has specifically commented on the conduct of the applicant and further warned him that if such act is repeated in future, suitable action will be taken against him. Even the learned Judge of the trial court has also observed in the said order dated 06.08.2018 passed below ::: Uploaded on - 04/10/2018 ::: Downloaded on - 05/10/2018 02:59:19 ::: 911-CriAppln-6189-17 -4- exhibit 1 in sessions case no. 243 of 2016 that the present applicant is approaching the police again and again and thereby the accused are being called at police station for no reasons. Learned Judge has even issued directions to the Police Constable not to call the accused in this case without the order of the court and without any purpose.
6. Thus, considering the entire aspect of the case, I do not find any substance in this application. The criminal application is hereby rejected.
( V. K. JADHAV, J.) vre/ ::: Uploaded on - 04/10/2018 ::: Downloaded on - 05/10/2018 02:59:19 :::