SANDEEP DHANAJI KUDAVKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicants are arrested on 21/07/2021 in connection with CR No.I-372 of 2021 registered with the Panvel City Police Station. The arrest is on account of the accusations faced by them under Sections 323, 324, 326, 143, 147, 149 and 506 of the IPC.

(2.) The Applicants are presently housed in Taloja Central Prison, Taloja, and they seek their release on bail and the submission is that the incident had taken place on account of rivalry between two families - Mhatre family and Kudavkar family - and the individual Applicants are not assigned any specific role by the Complainant or the injured and a collective role has been assigned to them. Learned counsel for the Applicants does not dispute the injuries sustained by the injured, which include a grievous injury by each of them, but he submits that the weapons are now seized and the statements are already recorded and the further incarceration of the Applicants is unnecessary.

(3.) Pertinent to note that two days prior to the present incident i.e. on 07/07/2021, two CRs came to be registered with the same police station at the instance of two groups invoking Sections 326 and 324 along with Section 149 of the IPC. The two cross C.Rs. depict that the two groups are at loggerheads and on 09/07/2021, the present CR is registered on a complaint filed by one Amol Dawlekar, resident of Panvel, who happened to visit Dapoli, in order to collect some amount due to one Suhas Mhatre. When he approached the office of the builder and received an amount of Rs.50,000/- due and payable to Suhas Mhatre, it is alleged that all the 10 named accused persons questioned them as to why did they arrive in Dapoli. It is alleged that all the accused persons assaulted him and one Kiran, who was accompanying him, by means of iron rods and fists and blows. This resulted into injuries to both Amol and Kiran and they were offered medical treatment. The offence came to be registered invoking Sections 323, 324, 326, 143, 147, 149 and 506 of the IPC.