Yogesh S/O. Ishwarsingh Rajput v. The State Of Maharashtra And ANR

11ABA3154.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 11 CRIMINAL APPLICATION NO. 3154 OF 2017 YOGESH S/O. ISHWARSINGH RAJPUT

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Y. B. Bolkar APP for Respondent: Mr. K. N. Lokhande

CORAM

: K. L. WADANE, J.

DATE :

13th July, 2017 ORDER:

1. Mr. Bolkar, the learned counsel appearing for the applicant submits that role attributed to the present applicant was that he had participated in the procession and there are no overt act or specific allegation against the present applicant. The allegations against the present applicant are that the gave threat to the police person and he was accompanying the other accused persons.

2.

I have gone through the statements of various witnesses, from which it appears that there was scuffling amongst five persons and upon enquired by the police, they abused the police persons and one of the accused was armed with sword. Nowhere it appears from the statements of the witnesses that the present applicant was armed with sword. In such circumstances, 1/2

11ABA3154.odt I am of the opinion that interim protection granted to the applicant can be confirmed. Hence following order.

O R D E R (i) The application is allowed.

(ii) Interim protection granted to the applicant as per order dated 29th June, 2017 is hereby confirmed. (K. L. WADANE, J.) JPC 2/2