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Bombay High CourtABA/126/2025allowed

Pundlik Hanmantu Chunarkar v. State Of Maharasthra Thr. Pso Ps Korpana Dist Chandrapur

2025-03-26Hon'Ble Justice Urmila Joshi Phalke3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.126 OF 2025 (Pundlik Hanmantu Chunarkar Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. A.A. Dhawas, Advocate for the applicant.

Mr. C.A. Lokhande, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- MARCH 26, 2025.

Apprehending the arrest at the hands of police in connection with Crime No.18/2025 registered with Police Station Korpana, District Chandrapur for the offences punishable under Sections 105 of the Bharatiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of pre-arrest bail.

2.

Learned Counsel for the applicant submitted that the applicant is the owner of the agricultural land who has protected his land by erecting the fencing with the electric current. The deceased died due to the electric current, and therefore, the applicant is arraigned as an accused. As far as the custodial interrogation of the applicant is concerned which is not required as the entire material i.e. wire and the connection is seized by the investigating agency. In view of that, the applicant be released on anticipatory bail.

3.

Learned APP strongly opposed the application and submitted that the applicant has obtained the illegal electric connection; however, fairly submitted that the applicant is cooperating with the investigating agency. 4.

On perusal of the recitals of the FIR, it reveals that the death of the deceased is due to the shock by coming into contact at the fencing. As far as the custodial interrogation of the applicant is concerned which is not required, and therefore, the application deserves to be allowed. Accordingly, I proceed to pass following order: (i) The application is allowed.

(ii) In the event of arrest, the applicant Pundlik Hanmantu Chunarkar in connection with Crime No.18/2025 registered with Police Station Korpana, District Chandrapur for the offences punishable under Sections 105 of the Bharatiya Nyaya Sanhita, 2023, be released on anticipatory bail, on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

(iii) The applicant shall attend the concerned police station as and when required for the investigation purpose and shall cooperate with the investigating agency.

(iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

5.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) *Divya