Krishna S/O Tulsiram Sonune v. State Of Mah. Thr. Pso Jalgaon Jamod Dist.Buldhana And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO. 237 OF 2021 Krishna S/o Tulsiram Sonune, Aged about 45 years, Occupation : Service (Asstt. Traffic Inspector, MSRTC) R/o K.R.Patil Nagar, Wadi (Khu.) Tahasil Jalgaon Jamod, Dist. Buldhana .... APPELLANT.

// VERSUS //

1. The State of Maharashtra, through Police Station Officer, Jalgaon Jamod, Distt. Buldhana.

2. Vishnu Mahadeo Lokhande, Aged about 41 years, Occ. Service R/o Sai Nagar, Jalgaon Jamod, Dist. Buldhana.

.... RESPONDENTS .

____________________________________________________ Shri Mahesh Rai, Advocate for Appellants.

Shri S.D.Sirpurkar, A.P.P. for Respondent No.1/State. ____________________________________________________ CORAM : ANIL S. KILOR, J.

DATED : 4 th MAY, 2022.

ORAL JUDGMENT :

Heard.

2.

ADMIT.

3.

The present appeal is arising out of rejection of prearrest bail vide order dated 9th June, 2021passed by I/c Additional Sessions Judge, (Adhoc DJ-1), Khamgaon, District Buldhana in Anticipatory Bail Application No. 213 of 2021 in connection with Crime No. 441 of 2021 registered with Jalgaon Jamod Police Station for the offence punishable under Sections 294, 323, 506 of the Indian Penal Code and Sections 3(1)(r), 3(2)(va), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity), Act, 1989. This Court vide order dated 18th June, 2021granted adinterim anticipatory bail to the appellant and as per one of the conditions, he has been attending the police station on every Saturday and Sunday.

4.

During the pendency of the present appeal, the police have filed "B" Summary Report on the basis of material collected during the investigation namely the CCTV Footage, call data record and tower location of the accused person, wherefrom the police have arrived at a conclusion that on the date of incident and time the accused were not present infront of the house of the complainant and the complaint is after thought and filed belatedly.

5.

Learned counsel for the respondent submits that he wants to file objection to the "B" Summary Report submitted by the police.

6.

Be that as it may, at this stage prima facie the investigation shows that on the date of incident and time, the appellants were not present infront of the house of the complainant. 7.

Thus, I am of the opinion that in absence of prima facie incriminating material available on record against the appellant the bar under Section 18 would not come in the way of the appellant. Accordingly, I pass the following order.

ORDER

i.

Criminal appeal is allowed;

ii.

Order dated 9th June, 2021 passed by I/c Additional Sessions Judge, (Adhoc-DJ-1), Khamgaon, Dist. Buldana in Anticipatory Bail Application No. 213 of 2021 is hereby quashed and set aside;

iii.

The order granting ad-interim bail dated 18th June, 2021 is hereby confirmed with modification that the appellant shall

attend the concerned police station as and when his presence is required.

The Criminal Appeal stands disposed of accordingly. JUDGE S.K.Nair by SACHINDANAND K NAIR Date: 2022.05.06 10:58:38 +0530 SACHINDANAND K NAIR