SAMBHAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed under Section 439 (2) of the Code of Criminal Procedure for cancelling the bail granted to respondent Nos.3 and 4 by learned Additional Sessions Judge, Vaijapur, Dist. Aurangabad on 03-07-2020 in Criminal Bail Application No.129 of 2020. Respondent Nos.3 and 4 are accused in connection with Crime No.170 of 2020 registered with Shillegaon Police Station, Tq. Gangapur, Dist. Aurangabad for the offences punishable under Sections 395 , 143 , 147 , 323 , 504 , 506 , 149 of Indian Penal Code. Present applicant is the informant.

(2.) The applicant had contended in his first information report that he resides at Dongaon, Tq. Gangapur, Dist. Aurangabad. He is the office bearer of agricultural produce market committee. He is the owner of land Gut Nos.104 and 105. He has kept a piece of land for storage of agricultural equipments and to tie cattle. There is a well in his land. He states that present respondent Nos.3 and 4 with one Kantaram Banderao Sarowar and Babu Banderao Sarowar approached his land and erected a shade in iron sheet. The informant had filed a complaint application against them for threatening him on 16-06-2020. Thereafter, when he had reached his house, at about 5.30 p.m., he found present respondent No.3 in front of his house. Respondent No.3 started asking him as to why he has given complaint application. He was abused and assaulted. Thereafter, he says that the other accused persons came i.e. nine in numbers and then he was again assaulted by those persons. He was separated by other villagers. Thereafter, the applicant says that when he started to go towards Aurangabad at about 6.30 p.m. in his car, at that time, present respondent No.4 came by abusing the informant and pull out the informant from his car. He found that the other accused persons were rushing towards his car. He again assaulted. In that process, present respondent Nos.3 and 4 had forcibly taken away gold chain from his neck weighing two Tolas valuing Rs.70,000/-. The informant has then lodged report.

(3.) After the offence was registered, present respondent Nos.2 and 3 were arrested. They filed abovesaid application under Section 439 of the Code of Criminal Procedure. After hearing the learned Advocate for the applicants and learned APP, learned Additional Sessions Judge, Vaijapur allowed the said application on 03-07-2020. Now, the informant has filed present application under Section 439(2) of the Code of Criminal Procedure for cancellation of bail.