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Bombay High CourtABA/12/2016allowed

Kashiram S/O Shriram Chopade v. The State Of Maharashtra, Through P.S.O. P.S. Risod, Washim

2016-02-11Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO.12 OF 2016 (Kashiram s/o Shriram Chopade ..vs.. The State of Maharashtra, through PSO, PS Risod, District Washim) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 11-02-2016 Heard Shri N.B. Kalwaghe, learned Advocate for the applicant and Ms. Ritu Kalia, learned Additional Public Prosecutor for the non-applicant.

2.

The nature of allegations and the facts on the record show that the allegations against the applicant are required to be proved by the prosecution and it cannot be said that the material presently on the record shows prima facie case against the applicant for the offence punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for which Crime No.3088/2015 is registered against the applicant.

3.

This Court granted ad-interim protection to the applicant by the order dated 12-01-2016. It is not the case of the non-applicant that the applicant has misused the liberty during the period of about one month. It is undisputed that the applicant had not been involved in any crime earlier.

2 aba12.16 4.

I am satisfied that the interim order granted by this Court on 12-01-2016 is required to be confirmed. 5.

Hence, the following order :

i) In the event of arrest in connection with Crime No.3088/2015 registered by the non-applicant, the applicant shall be released on bail, on furnishing P.R. Bond in the sum of Rs.10,000/- with one solvent surety in the like amount.

ii) The applicant shall co-operate with the investigation.

iii) The application is allowed in the above terms. In the circumstances, the parties to bear their own costs.

JUDGE pma