Bombay High CourtABA/180/2016allowed

Rajesh S/O Amrutlal Raja v. The State Of Maharashtra, Through P.S.O. P.S. Chanda City, Chandrapur

2016-05-02Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba180.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPL ICATION (ABA) NO.

/2016 Rajesh s/o Amrutlal Raja ..Versus..

The State of Maharashtra, through Police Station Officer, Police Station, Chandrapur City, Chandrapur, Tah. and Distt. Chandrapur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- 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 : 2.5.2016 Heard Shri A.A. Naik, advocate for the applicant and Shri N.B. Jawade, A.P.P. for the non-applicant.

The applicant apprehends arrest in crime registered against him for the offence punishable under Sections 326 and 504 of the Indian Penal Code. The applicant is granted interim protection by the order dated 23 rd March, 2016.

When the matter was listed on 4 th April, 2016, the non-applicant made a grievance that the applicant is not co-operating with the Investigating Agency and, therefore, an order

2 aba180.16 was passed directing the applicant to attend the police station, Chandrapur City on every Wednesday.

The application is opposed on the ground that the applicant is not co-operating with the Investigating Agency and the weapon used in the crime is not yet recovered.

Considering the nature of dispute, nature of accusations against the applicant and the facts on the record, in my view, the interim order granted on 23 rd March, 2016 is required to be confirmed.

Hence, the following order:

(I) In the event of arrest in Crime No.99/2016 registered by the non-applicant, the applicant be released on bail on furnishing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand Only) and one solvent surety in the like amount.

(ii) The application is allowed accordingly.

JUDGE Tambaskar.