Aakif Akhtar S/O Wasif Akhtar v. State Of Mah. Thr. Pso Ps New Kamptee Distnagpur

aba304of2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) 304 OF 2020 (Aakif Akhtar s/o. Wasif Akhtar..vs.. State, thr PSO, PS, New Kamptee, Dist. Nagpur) ------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------ Shri R.M. Daga, counsel for applicant.

Shri J.Y. Ghurde, APP for non-applicant.

CORAM: ROHIT B. DEO, J.

DATE:21.09.2020.

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

This application seeks pre-arrest protection in Crime 57/2020, registered with New Kamptee Police Station, for offence punishable under sections 307, 143, 144, 147, 148, 149, 504 of the Indian Penal Code. 3.

The submission is that the applicant is neither named in the First Information Report nor is named by the victim and that identically placed co-accused Mohd. Danish is granted pre-arrest protection by this Court (Coram : V.M. Deshpande, J.) by order dated 21.8.2020 in Criminal Application LD VC (ABA) 1224/2020.

4.

The learned APP Shri J.Y. Ghurde fairly states that while, on available material, he may not be in a position to distinguish the two cases, the custody of the

aba304of2020 applicant is required for identification purpose since the assault is captured in CCTV. The concern of the prosecution can be addressed by imposing appropriate conditions. 5.

In the event of arrest in Crime 57/2020, registered with New Kamptee Police Station, for offence punishable under sections 307, 143, 144, 147, 148, 149, 504 of the Indian Penal Code, the applicant shall be released on furnishing P.R. Bond of 25,000/- with a ǭ⋈ surety of like amount.

6.

The applicant shall attend Police Station, New Kamptee twice a week i.e. on every Saturday and Sunday in between 10.00 am to 4.00 pm. till filing of the Charge-sheet and shall cooperate with the Investigating Officer. Judge Belkhede RS