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Bombay High CourtABA/689/2020allowed

Balkrishna Manikrao Garud v. The State Of Maharashtra

2020-09-21Hon'Ble Shri Justice C.V. Bhadang2 pages

1/2 24-ABA-689-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.689 OF 2020 Balkrishna Manikrao Garud ..Applicant Vs.

State of Maharashtra & Anr.

...Respondents

---- None for the Applicant.

Mr. Ajay Patil, APP for the Respondent/State. ---- CORAM : C.V. BHADANG, J.

DATE : 21st SEPTEMBER, 2020 (Through Video Conferencing) Digitally signed by Nilam Kamble Date:

2020.09.22 12:15:46 +0530 Nilam Kamble P.C.

.

None for the applicant.

2.

Heard learned APP for the first respondent / State. 3.

The applicant apprehending arrest in connection with investigation of Crime No.137/2020 of Panchavati Police Station, Nashik under Section 452, 504, 506 r/w. Section 34 of the IPC, is seeking anticipatory bail.

4.

With the assistance of the learned APP, I have gone through the complaint lodged by the second respondent. This Court by an order dated 25/8/2020, had granted interim Mamta Kale

2/2 24-ABA-689-20.odt protection to the applicant for the reasons as set out in the said order.

5.

The learned APP submits that the applicant in pursuance of the interim protection granted on 25/8/2020, has attended the Investigating Officer. The learned APP, in all fairness, on instructions, states that having regard to the nature of the allegations, the custodial interrogation of the applicant is not necessary.

6.

In such circumstances, the following order is passed.

ORDER

1.

The Criminal Application is allowed.

2.

The order dated 25/8/2020 is hereby made absolute.

3.

This shall be further subject to the condition that the applicant shall not make any attempt to set up a shop and/ or sell the articles / books within the precincts of the temple where the second respondent is a Manager. 4.

The Criminal Application is disposed of in the aforesaid terms.

C.V. BHADANG, J.

Mamta Kale