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Bombay High CourtABA/200/2020disposed off

Pankaj Homdeo Kanake v. State Of Mah., Thr. P.S.O. P.S. Pandharkawada, Tq. Kelapur, Dist. Yavatmal

2020-12-07Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 aba200.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 200 OF 2020 ( Pankaj Homdeo Hanake ..vs.. State of Maharashtra, through PSO, PS Pandharkawada ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.M. Tirukh, Counsel for the applicant, Mrs. S.S. Jachak, Addl.P.P. for the non-applicant/State. CORAM : ROHIT B. DEO, J.

DATED : 07-12-2020 Heard.

2.

The applicant is arraigned as accused 2 in Crime 382/2018 registered with the Police Station Pandharkawada on the basis of report lodged by a retired Police Officer Chetan Kudmethe.

3.

It is alleged that the four accused, acting with common intention, cheated the informant by promising to secure employment for his son.

4.

The primary allegations appear to be against accused 1 and 4 and the only role attributed to the present applicant is that the co-accused gave his account number and asked the complainant to deposit Rs.50,000/- (Rupees Fifty Thousand) in the said account. However, it is not in dispute, that no amount was, as a fact, deposited.

2 aba200.20 5.

I am satisfied that the applicant has made out a case for protection and that exercising discretion in his favour shall not adversely affect the investigation. 6.

It is not the case of the prosecution that the applicant has not attended the police station, which was the condition imposed while granting pre-arrest protection.

7.

The pre-arrest protection granted vide order dated 23-4-2020 is made absolute with the only modification that the applicant shall attend the concerned police station, till the filing of the chargesheet, as and when required by the Investigating Officer. JUDGE adgokar