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Shivaji Sambhaji Giranje And Ors vs The State Of Maharashtra on 28 January, 2020

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Shivaji Sambhaji Giranje and others Applicants
The State of Maharashtra Respondent

Mr.Sachin H. Deokar for applicants.
Mr.S.H.Yadav, APP, for State.
Mr.P.V.Waghmare, API, Karmala Police Station, present.


DATE : 28th January 2020
PC :

1. This is an application for anticipatory bail in CR No.29 of 2020
registered with Karmala Police Station for offences under Sections
363, 504, 506 r/w 34 of Indian Penal Code.

2. The case of the prosecution is that the informant is Junior
Engineer attached to MSEDC, Karmala. On receipt of information
that theft of electricity was committed, the officers visited village
Bhilarwadi and during the course of investigation it was noticed that
cable was taken in the house of accused no.1 from low tension wire
and electricity pole existing in front of house. The panchanama was
initiated and the officers were taking incriminating articles into
custody. The accused abused and threatened the MSEDC officers and
drove them from the spot. They were intimidated of dire
consequences if they again return to the spot.

3. The contention of applicants is that there was frustration on
account of load-shedding and non availability of electricity in the

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village. The applicants did not obstruct the public servants in
discharge of their duty. They are willing to co-operate with the
investigation. In the event officers from MSEDC visits the residence
of applicants, they would be allowed to conduct investigation or
requisite inquiry.

4. Learned APP submitted that the officers were obstructed from
discharging their duty. They were threatened. They were not
allowed to complete the investigation in relation to theft of
electricity. The applicants are having one antecedent. The offence
was registered under Sections 498A, 306 of IPC. Learned counsel for
applicant submitted that the said FIR was lodged on account of
suicide committed by wife of applicant no.4 and the applicants were
implicated in the said case.

5. Applicant no.1 is 76 years old person. Applicant no.2 is son of
applicant no.2. Applicant nos.3 and 4 are sons of applicant no.2. In
the light of submissions that applicants are willing to co-operate with
the investigation and even inspection, if any, to be conducted by the
officers of MSEDC, protection can be granted to the applicants.
Hence, I pass following order :

(i) Criminal Anticipatory Bail Application No.224 of 2020 is
allowed and disposed of;

(ii) In the event of arrest of applicants in connection with CR
No.29 of 2020 registered with Karmala Police Station, District
Solapur, the applicants be released on bail on furnishing PR bond in
the sum of Rs.25,000/- each with one or more sureties in the like

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(iii) The applicant nos.2, 3 and 4 shall report the Investigating

Officer between 2nd February and 5th February 2020 between 11 am
and 1 pm and thereafter as and when called till filing of charge

(iv) In the event the officers of MSEDC conducts any inquiry at the
premises of the applicants in respect of electricity theft and/or
inspects the residence of applicants in that regard, the applicants
shall co-operate and allow the officers of MSEDC to conduct their
inquiry and/or inspection.


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