DEEPAK DATTARAM KANDALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the applicants, learned APP for the State and learned Counsel for the intervener. The FIR is registered with the Kherwadi Police Station on 01/12/2019 under Ss. 324, 323, 504, 506 read with sec. 34 of Indian Penal Code, 1860 (for short 'IPC ') vide C.R. No. 242 of 2019 against the applicants. Later on, the applicants are also charged for the offence punishable under sec. 326 of IPC. Briefly stated, it is the case of the prosecution that the complainant - Mr.Jitendra Ratnakar Pawar is an estate agent. He brokered a deal between the applicant no.1 who has a shop premises and one licensee. The leave and licence agreement was entered into between the parties. It appears that there were some disputes and eventually the leave and licence agreement came to be terminated. Applicant no.1 and licensee had a dispute regarding refund of the security deposit which was paid at the time of entering into the leave and licence agreement. On 30/11/2019, in the evening, the complainant visited the residence of applicant no.1 requesting him to refund the security deposit. Applicant no.1 refused to do so. There were some altercations between applicant no.1 and complainant. There are allegations and counter allegations. It is the case of the complainant that the applicant no.1 assaulted him with iron rod on his head and other parts. Applicants no. 2 and 3 who are the daughters of applicant no.1 assaulted the complainant with fist blows. The applicant no.1 suffered injuries on his head. The injury certificate produced for perusal indicates that apart from other injuries, the complainant suffered sutured CLW MJ 0.5x0.5x4 cm. over right parietal region with blunt weapon and injury was described as grievous. Two of the injuries shown in the certificate are shown to be simple injuries. The FIR is lodged by the complainant on 01/12/2019

(2.) Prior to the filing of the FIR by the complainant, NC is registered by applicant no.1 against the complainant on 30/11/2019 at 6.50 p.m. In the said NC it is indicated that the complainant had visited the residence of applicant no.1 and he demanded applicant to refund the amount of security deposit. The complainant slapped the applicant no.1. When the applicant no.1 's daughter intervened, she too was slapped by the complainant.

(3.) No doubt, the FIR is lodged by the complainant one day after the incident took place. Complainant was hospitalised the next day. The NC was lodged by the applicant no.1 on the very same day. The NC as well as FIR itself indicate that there were altercations between the applicant no.1 and complainant. The injury certificate of the applicant no.1 records that he has suffered grievous injury on right parietal region. The rod which is allegedly used by applicant no.1 for assaulting the complainant is yet to be recovered. Learned Counsel for the applicants submitted that at this distance of time and considering that the applicant has been granted interim protection since 13/02/2020, the applicants should not be deprived of grant of pre-arrest bail. Learned Counsel submitted that the applicants have co-operated with the investigation.