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Bombay High CourtABA/287/2020allowed

Subhash @ Shubham S/O Wasudeo Daberao Thr. His Father Wasudeo Sukhdeo Daberao v. State Of Mah. Thr. Pso Ps Balapur Tqbalapur Distakola

2020-07-31Hon'Ble Shri Justice Vinay Joshi2 pages

1 12 LDVC ABA 513.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR L.D.V.C. CRIMINAL APPLICATION (ABA) NO. 513 OF 2020 Shubham Wasudeo Daberao (Applicant being minor, through his fathr Wasudeo Sukhdeo Daberao) ..vs..

State of Maharashtra, thr. P.S.O.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.B. Mirza, Advocate for applicant.

Shri H.R. Dhumale, A.P.P. for respondent/State. CORAM : VINAY JOSHI, J.

DATED : 31/07/2020 Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

Learned Advocate A.B.Mirza seeks permission to correct the applicant'

s name as Suhas alias Shubham.

Permission is granted as prayed.

3.

Registration of Crime No. 245 of 2020 at Balapur Police Station for the commission of offence punishable under Section 306, 354-D of the Indian Penal Code led the applicant to approach for pre-arrest bail. It is alleged that one minor girl has committed suicide at her house on 29.05.2020 by way of hanging.

4.

According to the prosecution, the applicant who is a minor nearby resident, used to visit the house of deceased. It is alleged that on the date of occurrence, there was quarrel between the deceased and applicant, therefore, he has abetted the deceased to commit suicide.

2 12 LDVC ABA 513.2020 5.

Pertaining to note that the applicant is a minor boy who was residing near the house of deceased. Prima facie, there is no material to show that the applicant had intentionally abetted the deceased to commit suicide. 6.

Learned A.P.P. resisted the bail by stating that the offence is of serious nature and there is need of custodial interrogation. Considering the age of applicant and nature of offence, the purpose would be served, if the applicant is directed to co-operate with the Police 7.

Having regard to the facts and circumstances of the case, the application stands allowed and the interim protection granted on 29.06.2020 is hereby made absolute with same terms and conditions.

8.

The applicant-accused namely Shubham Wasudeo Daberao shall attend the concerned Police Station as and when required till the filing of charge-sheet. 9.

This order be communicated to the Counsel appearing for the parties, either on the email address or on WhastApp or by such other mode, as is permissible in law. JUDGE Trupti by Rakesh Dhuriya Date: 2020.07.31 17:18:38 +0530 Rakesh Dhuriya