Bombay High CourtABA/41/2016allowed

Shriniwash S/O Parshuram Jangam And Others v. State Of Maharashtra, Through Pso Durgapur, Chandrapur

2016-02-12Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba41.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 41 OF 2016 (SHRINIWASH PARASHURAM JANGAM & OTH...VS..STATE OF MAH., THR. PSO, PS DURGAPUR, DIST. CHANDRAPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 12, 2016.

Heard Shri Anjan De, advocate for the applicant Nos. 1 and 2 and Shri A.K. Bangadkar, A.P.P. for the nonapplicant. The applicants have moved this application praying for pre-arrest bail as they apprehend arrest on the allegations that they are extorting Rs.10/- to Rs.20/- from the vendors. The learned advocate for the applicants has submitted that during pendency of this application, as there was no ad-interim order, the applicant No.3 came to be arrested and he is released on bail.

The applicants Nos. 1 and 2 are the elected ward members. The defence of the applicants is that as per the decision of the vendors, the amount of Rs.10/- to Rs.20/- per head was collected to undertake the maintenance work of the area where the vendors are carrying on their business. The learned A.P.P. submits that there is no such resolution of the Gram Panchayat.

2 aba41.16 Be that as it may, considering the facts on record and the statement made on behalf of the applicants that the applicant Nos. 1 and 2 were not involved in any crime earlier, in my view, the applicant Nos.1 and 2 are entitled for prearrest bail. Hence, the following order : In the event of arrest in connection with Crime No. M-1/2015 registered by the non-applicant, the applicant Nos. 1 and 2 shall be released on bail on furnishing P.R. Bond in the sum of Rs.Ten Thousand each with one solvent surety in the like amount for each of the applicant. The applicant Nos. 1 and 2 shall co-operate in the investigation.

The application is allowed in the above terms. JUDGE RRaut..