Bombay High CourtABA/66/2017dismissed

Gopal S/O. Devidas Salfale And Another v. State Of Maharashtra Thr. Police Station Officer Police Station Sarmsapur Achalpur Dist. Amravati

2017-07-13Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba66.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.66/2017 Gopal S/o Devidas Salfale and another ..Vs..

State of Maharashtra, through P.S.O., P.S. Sarmaspur, Achalpur, Disst. Amravati - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.P. Kariya, Adv. for the applicants.

Shri N.R. Patil, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 13.7.2017.

Heard.

Apprehending arrest in connection with Crime No.5/2017 registered against the applicants for the offence punishable under Section 379 read with Section 34 of the Indian Penal Code, the applicants have sought pre-arrest bail.

The applicants have filed an application under Section 482 of the Code of Criminal Procedure praying that the F.I.R. on the basis of which Crime No.5/2017 is registered be quashed. In this application, filed under Section 482 of the Code of Criminal Procedure, the applicants have prayed for an interim order in the following terms:

"ii) stay the further proceedings arising out of F.I.R. no.5/2017 registered under Section 379 R/W 34 of Indian

2 aba66.17 Penal Code dated 06.01.2017 against the applicants registered by the respondent no.1 - Police Station, Samraspur (Achalpur), till the disposal of present application; in alternative no coercive action be taken against the applicants."

By order passed on 30th June, 2017 the Division Bench of this Court granted interim order in favour of the present applicants in terms of above prayer. In my view, as the applicants are protected by order passed by the Division Bench of this Court it would not be appropriate to entertain and pass any orders on the present application. The application is disposed of accordingly with liberty to the applicants to reiterate their request, if occasion arises.

JUDGE Tambaskar.