Bombay High CourtABA/144/2016others disposed off

Kundlik Ashruji Wankhede And Others v. State Of Maharashtra, Through P.S.O. Washim

2016-04-11Hon'Ble Shri Justice Z.A. Haq4 pages

1 aba143.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.143/2016 Karan s/o Kundlik Wankhede and others ..Versus..

State of Maharashtra, through Police Station Officer, Sirpur, Tq. Malegaon, Distt. Washim AND CRIMINAL APPLICATION (ABA) NO.144/2016 Kundlik Ashruji Wankhede and another ..Versus..

State of Maharashtra, through Police Station Officer, Sirpur, Tq. Malegaon, Distt. Washim AND CRIMINAL APPLICATION (ABA) NO.163/2016 Datta s/o Shriram Wankhede ..Versus..

The State of Maharashtra, through Police Station Officer, Sirpur, Tq. Malegaon, Distt. Washim - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 11.4.2016 CRIMINAL APPLICATION NO.462/2016 IN CRIMINAL APPLICATION (ABA) NO.143/2016, CRIMINAL APPLICATION NO.461/2016 CRIMINAL APPLICATION (ABA) NO.144/2016 & CRIMINAL APPLICATION NO.463/2016 IN CRIMINAL APPLICATION (ABA) NO.163/2016 Heard.

For the reasons stated in the application, the complainant is

2 aba143.16 permitted to assist the prosecution. The criminal applications are allowed.

CRIMINAL APPLICATION (ABA) NO.143/2016, CRIMINAL APPLICATION (ABA) NO.144/2016 & CRIMINAL APPLICATION (ABA) NO.163/2016 Shri Khapre, on instructions, seeks permission to withdraw the application of Jivan s/o Bhagwat Wankhede - applicant no.2 in Criminal Application (ABA) No.143/2016. The application of applicant no.2 - Jivan s/o Bhagwat Wankhede is disposed of as withdrawn.

Heard Shri R.L. Khapre and Shri F.T. Mirza, advocates for the applicants, Shri N.B. Jawade, A.P.P. for the State/non-applicant and Shri S.D. Chande, advocate for the complainant. The applicants 1 and 3 in Criminal Application (ABA) No.143/2016, the applicants in Criminal Application (ABA) No.144/2016 and applicant in Criminal Application (ABA) No.163/2016 apprehend arrest in crime registered against them for the offence punishable under Section 135 of the Maharashtra Police Act, Section 8 of Protection of Children from Sexual Offences Act, 2012 and Sections 143, 147, 148, 149, 307, 324, 342 and 365 of the Indian Penal Code.

3 aba143.16 The accusations against the applicants are that the victim Shubham (aged about 17 years) was taken to the shop where business is conducted by applicant no.2 - Jivan s/o Bhagwat Wankhede, the shutter was lowered and all the applicants brutally assaulted victim Shubham. The prosecution relies on the medical report and on the fact that after the incident the police had come to the spot and had taken victim Shubham from the spot to the hospital. According to the prosecution, the accusations are substantiated by the averments in the F.I.R. and by the statement of victim Shubham.

According to the applicants, victim Shubham used to harass daughter of Kundlik - applicant no.1 in Criminal Application (ABA) No.144/2016) and apprehending legal action against victim Shubham, false F.I.R. has been lodged by the maternal uncle of Shubham.

Considering the nature of incident, the nature of accusations against the applicants, the social status of the applicants, the fact that the charge-sheet is filed and the fact that the nonapplicant/State has not been able to show that the custody of applicants is required for further investigation, in my view, the interim order granted by this Court earlier in favour of the applicants

4 aba143.16 except Jivan s/o Bhagwat Wankhede, is required to be confirmed. Hence, the following order:

(i) In the event of arrest in Crime No.15/2016 registered by the non-applicant, the applicants - Karan s/o Kundlik Wankhede, Namdeo Ashruji Wankhede, Kundlik Ashruji Wankhede, Sharad s/o Bhagwant Wankhede and Datta s/o Shriram Wankhede be released on bail on furnishing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand Only) each and one solvent surety in the like amount for each of the applicant.

(ii) The applicants shall attend the police station Sirpur, Tq. Malegaon, Distt. Washim every Friday between 1 p.m. to 5 p.m. (ii) The applications are disposed of in the above terms. JUDGE Tambaskar.