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Bombay High CourtAPPLN/1416/2016disposed off

Satish S/O. Babruwahan Solanke v. The State Of Maharashtra

2016-03-16Hon'Ble Shri Justice M.T. Joshi3 pages

1 Cr. Appln. 1416-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1416 OF 2016 Satish S/o Babruwahan Solanke Age : 35 years, Occu.: Service, R/o. Ambajogai, Tq. Ambajogai, Dist. Beed .. Applicant Vs.

The State of Maharashtra .. Respondents ---- Mr. A.A. Nimbalkar, Advocate for the applicant Mr. S.Y. Mahajan, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 16/03/2016 ORAL ORDER :

Heard both sides.

2.

The present applicant, who is apprehending arrest at the hands of Ambajogai Police Station, Tq. Ambajogai, Dist. Beed in crime no. 39 of 2016 for the offences punishable under section 395, 354, 323, 506 of the Indian Penal Code and under section 8 of the Protection of Children From Sexual Offences Act, is praying for his release on bail, in the event of his arrest.

2 Cr. Appln. 1416-2016 3.

Hearing from both the sides as well as the case papers would show that there is a long standing enmity and rivalry between the two groups i.e. one of the complainant and another of the present applicant. 4.

In the present case, it is alleged that the incident has occurred on 14/02/2016 however the complaint came to be filed on 20/02/2016. A plot in the city of Ambajogai appears to be the center of the dispute. A civil suit is already pending between the parties. Even one of the family member of the applicant, namely, Sulabha had filed two complaints against the complainant and her daughter earlier. .

In this background, it is alleged in the present complaint that on 14/02/2016 in the incident, the present applicant has outraged the modesty of the daughter of the complainant.

Against the said daughter, already a complaint was filed by one of the family member of snatching away of a mobile on 14/02/2016.

5.

Considering all these facts on record, in my view, the custodial interrogation of the present

3 Cr. Appln. 1416-2016 applicant is not required. Hence, the following order:- 6.

Interim protection granted to the applicant by this Court vide order dated 08/03/2016 is therefore made absolute on the same terms and conditions. 7.

Application stands disposed of accordingly.

[M.T. JOSHI] JUDGE arp/