Anil Laxman Porete v. State Of Mah. Thr. Pso Ps Kothari Tah. Ballarpur Distchandrapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.295/2020 Anil Laxman Porete ..vs..

State of Mah., thr. PSO PS Kothari, Tahsil Ballarpur, District Chandrapur ................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................... Shri A.A.Dhawas, Counsel for the Applicant.

Shri A.V.Palshikar, Addl.P.P. for the State.

CORAM

: V.M.DESHPANDE, J.

DATED : AUGUST 25 , 2020 .

1.

Heard learned counsel Shri A.A.Dhawas for the applicant and learned Additional Public Prosecutor Shri A.V.Palshikar for the State.

2.

Though reply to the application is not filed, learned Additional Public Prosecutor Shri A.V.Palshikar for the State submitted that he is ready with the matter in view of fact that he is having a photo copy of entire investigation papers.

3.

Allegation against the applicant is that, the applicant accosted first informant and extended threat and outraged her modesty by giving fists blows. The applicant is being prosecuted in Crime No.88/2020 for offences punishable under Sections 354, 341, 294, 323, 504, and 506 read with Section 34 of the Indian Penal Code. 4.

The applicant was granted interim protection .....2/-

by this Court (Coram : Vinay Joshi, J.) on 31.7.2020. In the said order, it has been observed by this Court that the applicant has produced copy of Regular Civil Suit No.262/2018 which was filed by one Lata, sister of informant claiming to be the wife of the applicant. 5.

Looking to other aspect that there is a family dispute going on between parties, it is clear that at least prima facie it cannot be said that the applicant is not falsely implicated, as submitted by learned counsel for the applicant. While granting the protection to the applicant, the applicant was directed to attend concerned police station on every Monday between 10:00 a.m. and 12:00 p.m., till filing of chargesheet.

6.

In view of the aforesaid, I pass following order:-

ORDER

(1) The criminal application is allowed.

(2) In the event of arrest of applicant-Anil Laxman Porete, in connection with Crime No.88/2020 registered with Kothari Police Station, tahsil Ballarpur, District Chandrapur for offences punishable under Sections 354, 341, 294, 323, 504, and 506 read with Section 34 of the Indian Penal Code, the applicant be released on bail on he executing a P.R.Bond in the sum of Rs.15000/- with one solvent surety of the like amount.

(3) The applicant is directed to attend the police station on .....3/-

every Monday between 10:00 a.m. and 12:00 p.m., till filing of chargesheet.

With this, the criminal application stands disposed of accordingly.

JUDGE !! BRW !!

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