RAJ SANTOSH SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) 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 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 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.