Nandkishor S/O Tulshiram Jorewar v. State Of Mah. Thr. Pso Malegaon, Distwashim

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

LD-VC CRIMINAL APPLICATION (ABA) NO. 661 OF 2020 (Nandkishor s/o Tulshiram Jorewar vs. State of Maharashtra thr. P.S.O., Malegaon, District Washim) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri A.M. Jaltare, Advocate for the applicant. .....

CORAM : PUSHPA V. GANEDIWALA, J.

JULY 10, 2020.

Heard Shri Jaltare, learned counsel for the applicant through Video Conferencing and he agreed that the audio and visual quality is proper. The applicant apprehends his arrest in Crime No. 254/2020 for the offence punishable under Sections 376, 323, 504 and 506 of the Indian Penal Code registered at Police Station Malegaon, District Washim.

I have perused the application and copy of the First Information Report with the assistance of the learned Counsel for the applicant.

It is submitted that the main accused who is the brother of the present applicant was already arrested and is on bail. The prosecutrix was in love affair with the main accused and when she came to know that the main accused is engaged

with another girl, she lodged the First Information Report after two years.

The role attributed to the present applicant only to the extent of causing assault to the prosecutrix while she was in love affair with his brother.

Considering the aforesaid submissions, in my opinion, the applicant deserves interim protection.

Hence, issue notice to the non-applicant, returnable on 21/07/2020.

Shri M.K. Pathan, learned Additional Public Prosecutor waives notice for non-applicant/State and seeks time to file reply. In the meanwhile, in the event of arrest of the applicant in Crime No. 254/2020 for the offence punishable under Sections 376, 323, 504, 506 of the Indian Penal Code registered at Police Station Malegaon, District Washim, he be released on interim bail on execution of Personal Bond in the sum of Rs. 10,000/- (Rs. Ten thousand only) with one solvent surety in the like amount.

The applicant shall co-operate during investigation and make available himself as and when required by the Investigating Officer.

The applicant shall not give threats to the witnesses or tamper with the evidence.

The learned counsel for the parties to submit hard copies of the pleadings and documents, following the notice published on the website. This order be communicated to the counsel appearing for the parties, either on the e-mail address or on Whats app or by such other mode, as is permissible in law.

JUDGE D.S. Baldwa