Prakash Narayansing Thakur v. The State Of Maharashtra At The Instance Of City P.S. Buldhana

1 aba135.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Criminal Application (ABA) No. 135 of 2019 Prakash Thakur Vs. State of Mah. Through P.S. Buldhana - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. C.R.Sharma, Advocate for applicant Mr. H.R. Dhumale, APP for non-applicant.

CORAM : MANISH PITALE, J.

DATED : JULY 11, 2019 This is an application filed by a person who is accused of having printed obscene and derogatory material showing the complainant in poor light. The applicant has been arrayed as an accused with Editor of the weekly newspaper in which such material was printed and published.

2.

On 05/03/2019, while issuing notice, this Court granted ad-interim protection to the applicant on the condition that he would co-operate with the investigating agency and that he would attend Police Station once every week on Sunday.

3.

Thereafter, the applicant did attend the police station regularly and from the material on record, it appears that he has been co-operating with the investigation.

2 aba135.19.odt 4.

In fact, in the order dated 17/6/2019, passed by this Court, statements made on behalf of the applicant was recorded that he was willing to have his printing machine inspected by the Investigating Officer because the contention of the applicant is that the printing machine owned by him prints only black and white material and that the offending material in the present case admittedly is in colour print.

5.

The learned APP has not disputed the fact that the applicant has been co-operating with the investigation and, therefore, the present application deserves to be allowed.

6.

Accordingly, the application is allowed and the applicant is granted anticipatory bail on the same conditions on which he was granted ad-interim protection, with the modification that instead of attending Police Station once every week the applicant shall make himself available before the Investigating Officer as and when required.

JUDGE MP Deshpande