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Bombay High CourtABA/8/2021disposed off

Amol S/O Vitthal Kanadaje And 5 Others v. State Of Maharashtra, Thr. Pso Ps Chikhali, Tq. Chikhali, Dist. Buldhana

2021-01-15Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 aba8.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 8 OF 2021 ( Amol s/o Vitthal Kanadaje and others ..vs.. State of Maharashtra, through PSO, PS Chikhli ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.P. Kariya, Counsel for the applicants, Mr. N.R. Rode, Addl.P.P. for the non-applicant/State. CORAM : ROHIT B. DEO, J.

DATED : 15-01-2021 Heard.

2.

The applicants are apprehending arrest in Crime 787/2020 registered with Chikhli Police Station, District Buldhana for offence punishable under Section 306 read with Section 34 of the Indian Penal Code.

3.

Vide order dated 08-1-2021 the applicant was granted interim pre-arrest protection subject to certain conditions. It is not the case of the prosecution that the conditions are not complied with.

4.

I have perused the alleged suicide note. While a definite observation is not necessary, prima facie, the statement of the deceased is that he was beaten and humiliated by as many as six accused including the present applicant, which may not attract the ingredients of Section 306 of the Indian Penal Code.

2 aba8.21 5.

The interim protection granted vide order dated 08-1-2021 is made absolute with the only modification that the applicants shall attend the concerned police station, as and when required by the Investigating Officer, till the filing of the charge-sheet. JUDGE adgokar