Prakash S/O Shriram Khadse v. The State Of Mah. Thr. Pso Ps Risod Dist.Washim

11-aba-117-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Anticipatory Bail Application No. 117 of 2022 Prakash S/o Shriram Khadse

Versus

The State of Maharashtra, through Police Station Officer, Police Station Risod, Dist. Washim Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Ashok P. Tathod, Advocate for the applicant. Shri M.J.Khan, APP for the non-applicant.

CORAM : ANIL S. KILOR, J.

DATED : 10th MARCH, 2022.

The applicant has moved this application for grant of pre-arrest bail in Crime No. 645 of 2020 registered with Risod Police Station, Dist. Washim for the offence punishable under Sections 306, 294, 504, 506 read with Section 34 of Indian Penal Code. 2.

After an unsuccessful attempt in the earlier application filed before this Court vide Criminal Application No. 587 of 2020 by the applicant. The present application came to be filed.

SKNair

11-aba-117-22.odt 3.

This Court on 9th January, 2021 rejected the earlier application of the applicant i.e. ABA No. 587 of 2020 on the ground as stated which read thus: "The case of the prosecution is that on 12.10.2020, the applicant and one other came to the agricultural field of the informant, heaped abuses and issued threats. I have perused the statements recorded in Crime 0761/2020 which is registered under Sections 294, 504, 506, read with section 34 of the Indian Penal Code on the basis of the report of Sachin. The learned counsel for the applicant would submit that the allegation of issuance of threats etc. is false. Prima facie, there are independent eye witnesses, who are consistent in their version. While the veracity or otherwise of the allegation would be looked into by the trial Court. At this stage, I am inclined to accept the prosecution submission that the applicant violated the condition of interim prearrest protection and that no discretion, therefore, can be exercised."

4.

As I have not found any change in circumstances, I am not inclined to allow this application. Accordingly, the application is rejected. [ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2022.03.10 17:57:18 +0530 SACHINDANAND K NAIR SKNair