Nandlal Ashok Ughalkar (In Jail) v. State Of Mah., Thr. Officer Incharge Jalgaon Jamod Ps Jalgaon Jamod, Distbuldhana And Another

21 appeal 91-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO. 91 OF 2020 Nandlal Ashok Ughalkar ...Versus...

State of Maharashtra Through Officer Incharge, Jalgaon Jamod Police Station, Jalgaon Jamod, Distt. Buldhana and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------- Ms S.W. Deshpande, Advocate for applicant Shri A.M. Deshpande, A.P.P. for non-applicant/State CORAM : VINAY JOSHI, J.

DATE : 30/09/2021 The appellant is seeking regular bail in Crime No. 16/2020, registered with Jalgaon Jamod Police Station, District - Buldhana, for the offences punishable under Sections 354, 452 of the Indian Penal Code and under Sections 3(1)(w)(i) and 3(1)(w)(ii) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2.

It is the prosecution case that the appellant who is neighbouring resident, entered into the house of informant during night hours and caught hold the hand of informant-lady with ill-will. The appellant was already arrested and had faced custodial interrogation. The investigation is complete and charge-sheet has been filed. There is no purpose in detaining the accused further more. In view of that following order :

21 appeal 91-2020.odt

ORDER

(i) The appeal is allowed.

(ii) Impugned order dated 22/01/2020, passed by Additional Sessions Judge, Khamgaon in Regular Bail Application No. 24/2020 filed by the appellant for grant of bail in Crime No. 16/2020, registered with Jalgaon Jamod Police Station, District - Buldhana, for the offences punishable under Sections 354, 452 of the Indian Penal Code and under Sections 3(1)(w)(i) and 3(1)(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is hereby quashed and set aside.

(iii) Ad-interim order dated 03/03/2020, granting of interim bail is hereby made absolute on same terms and conditions.

JUDGE J.Pethe..