VILAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) On an apprehension of arrest in connection with the offence registered U/s. 326, 324, 323, 143, 147, 148, 149, 504, 34 of the Indian Penal Code ( IPC ), vide C.R. No.0339/2020 with Beed Rural Police Station District Beed, the applicants have preferred this application seeking pre-arrest bail on the grounds set out in detail in the application.

(2.) Heard learned counsel for the applicants and learned APP representing the respondent-State. Perused the first information report, the order passed by the learned Additional Sessions Judge and the papers of investigation.

(3.) In brief, it is the contention of learned counsel for the applicants that the applicants are falsely implicated in the case at the behest of the informant, who lodged the complaint after 6-7 days of incident implicating the entire family of the applicants. Delay in lodging the complaint has not been explained. It is contended that, the land bearing Gat No.659 is in cultivation and possession of the family of the applicants. On 11.10.2020, the father of the applicant no.1 died at about 11 am. As per wishes of his father, applicant no.1 and his family members brought dead body of deceased Waman in agricultural land bearing Gat No.659 to bury the dead body in said field. Informant objected to bury the dead body in the said field. On that account, there was quarrel amongst the applicants and the informant and his family members. In the incident, the informant and his family members including son having criminal antecedents assaulted the applicants and their family members. They reported the incident to the Police. The applicants were referred for medical examination to the Government hospital and treated there. After examination, the Police have refused to register the offence against the informant and his family members. Therefore, the applicants approached the District Superintendent of Police on 12.10.2020 and made complaint against the officials of the concerned Police Station for not registering the crime. Pursuant to the directions issued by the District Superintendent of Police, the Police have registered the crime against the informant and 8 other persons on 14.10.2020 vide C.R. No.332/2020 for committing the offences punishable U/Sec. 143, 147, 149, 354, 324, 323, 327, 504, 506 of the IPC .