DNYANESHWAR RAMA GAIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the Appellants, learned APP for the State and learned counsel for Respondent No.2.

(2.) This is an Appeal challenging the order passed by the Sessions Court rejecting the Appellants application for anticipatory bail. The Appellants are seeking anticipatory bail in C.R. No.I-0417 of 2022 dated 9 th September, 2022 registered with Kalyan Taluka Police Station, Thane for the offence punishable under Ss. 352, 427, 504, 506 read with Sec. 34 of the Indian Penal Code, 1860 and under Ss. 3(1)(f) , 3(1)(g) , 3(1)(r) and 3(2)(va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989 (hereafter "Atrocities Act", for short).

(3.) The FIR was lodged by the Respondent No.2. In the FIR by the informant it is stated that in the year 1995 his father had purchased a land bearing survey No.10/26/A admeasuring 60 Gunthas at village Kondheri. After the death of his father, the land stands in the name of the first informant and his brother, sister etc. He has alleged that the Appellants herein were interfering with the peaceful possession of the land by claiming possession of the said land. He has mentioned two instances dtd. 26/5/2022 and 9/7/2022; when the first informant tried to enter the land, on these two occasions, the Appellants prevented him from entering into the land. On this basis, the FIR is lodged.