Bombay High CourtABA/20/2016allowed

Jangbahadur S/O Anis Choudhari v. State Of Maharashtra, Through P.S.O. Asegaon Purna Police Station, Amravati

2016-02-10Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba20.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 20 OF 2016 (JANGBAHADUR ANIS CHOUDHARI...VS..STATE OF MAH. THR. PSO PS ASEGAON PURNA, DIST. AMRAVATI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 : FEBRUARY 10, 2016.

Heard Shri A.S.Mardikar, learned Senior Advocate a/b. Shri S.G. Joshi, advocate for the applicant and Ms N.P. Mehta, A.P.P. for the non-applicant.

The allegation against the applicant is that he is purchasing the stolen copper wire and on this allegation Crime No.3033 of 2015 has been registered against him for the offence punishable under Section 136 of the Indian Electricity Act, 1989. Though it is stated in the reply that the applicant is involved in serious offence of buying stolen government property time and again, the non-applicant has not been able to substantiate this vague allegation and on querry, the learned A.P.P. has submitted that earlier first information report is not registered against the applicant for any offence. The submission made by the applicant in paragraph 3 of the application that he is running Dhaba has not been controverted by the non-applicant. The learned Senior Advocate has submitted that after grant of ad-interim protection by this Court, the applicant has attended the police station and it is not that the applicant is not co-operating in the investigation.

2 aba20.16 Considering the above facts, in my view, the adinterim order granted by this Court on 13th January, 2016 is required to be confirmed. Hence, the following order : In the event of arrest in Crime No. 3033 of 2015, the applicant shall be released on bail on executing P.R. Bond in the sum of Rs.Ten Thousand with one solvent surety in the like amount.

The applicant shall co-operate with the investigation. The application is allowed in the above terms. JUDGE RRaut..