Prem Omprakash Thamke v. The State Of Maharashtra

5.ABA.660.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 660 OF 2018 Prem Omprakash Thamke ...

Applicant

Versus

The State of Maharashtra & Anr.

...

Respondents Mr. Abhishek Avachat for the Applicant.

Ms. S.S. Kaushik, A.P.P. for the Respondent - State. Mr. Pranot P. Pawar i/b Mr. Shashikant P. Chaudhari for the IntervenerRespondent No.2, appointed by Legal Aid. Mr. Y.D. Jadhav, P.N. Dehuroad Police Station, present. CORAM : P.N. DESHMUKH, J.

DATED : 26th MARCH, 2019.

P.C. :

Heard learned Counsel for the applicant, learned A.P.P. and learned Counsel for Intervener/complainant. Learned A.P.P., on instructions, makes a statement that charge-sheet in this crime shall be filed before the competent Court within period of two weeks from today. This application is for anticipatory bail for the offences punishable under Sections 376(2)(n), 504, 506, r/w.34 of I.P.C., Co-accused, who is father of applicant, is already protected by the trial Court. Applicant is protected by interim order of this Court dated 06.04.2018 observing that complainant who is 22 years old, though had Waghmare 1/2

5.ABA.660.18.doc live in relationship with applicant since August 2015 to December 2017, on 07.02.2018 lodged report upon which offence came to be registered, which therefore, appears to be lodged belatedly after three years. According to applicant, in fact, complainant was demanding amount from him and thereby was blackmailing applicant who is B.A.M.S. doctor and while working as residential doctor at Dehu Road, Pune, came in contact with complainant, who was working as nurse.

Considering facts as aforesaid and since investigation is complete, there is no necessity for having custodial interrogation of applicant.

In the circumstances, application is allowed. Interim protection granted on 06.04.2018 stands confirmed. However, applicant is directed to attend Investigating Officer if called till the filing of chargesheet. (P.N. DESHMUKH, J.) Waghmare 2/2