← Library
Bombay High CourtAPPP/1000/2021disposed off

Shweta D/O. Subhash Raut v. The State Of Mah. Thr. Pso Ps Frezarpura, Amravati(City) Tq. Dist. Amravati

2021-06-30Hon'Ble Shri Justice Nitin B. Suryawanshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPP) NO. 1000 OF 2021 IN CRIMINAL APPLICATION (ABA) NO. 377 OF 2021 Shweta D/o Subhash Raut ...Versus...

State of Maharashtra through PSO, P.S. Frezarpura, Amravati (City), Tq.Distt. Amravati - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ofce Notes, Ofce Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.S. Gawai, Advocate for the applicant Shri A.R. Chutke, APP for non-applicant/State CORAM : N.B.SURYAWANSHI, J.

DATE : 30/06/2021 Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

For the reasons stated in the application, the application is allowed. The applicant is permitted to fle certifed copy of the order in Criminal Bail Application No. 623/2021 within a period of two weeks from today.

3.

The application is disposed of.

CRIMINAL APPLICATION (ABA) NO. 377 OF 2021 1.

Heard.

2.

Issue notice to the non-applicant, returnable on 13/07/2021.

3.

The learned Additional Public Prosecutor waives service for non-applicant/State.

4.

The applicant apprehends arrest in Crime No.1137 of 2021, registered with Frezarpura Police Station, Amravati punishable under Sections 323, 342, 363, 386, 506(2) r/w 34 of the Indian Penal Code.

5.

The applicant claims to be a front line Covid worker and has placed on record her identity card at Annexure 'F'. The other submission is that the applicant on 03/04/2021 lodged F.I.R. against the informant in the present crime alleging commission of ofences punishable under Sections 376, 417, 317, 504, 506 of the Indian Penal Code and under Section 3(1)(w)(ii) 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. There is a delay in lodging the present F.I.R.

6.

Considering the submissions and the nature of the allegations made in the F.I.R., the applicant has made out a case for interim protection. 7.

In the event of the arrest of the applicant in Crime No. 1137 of 2021, registered with Frezarpura Police Station, Amravati punishable under Sections 323, 342, 363, 386, 506(2) r/w 34 of the Indian Penal Code, the applicant be released on bail on her executing P.R. Bond in the sum of Rs. 15,000/-

with one surety in the like amount.

8.

The applicant shall attend the concerned Police Station twice in a week on 03/07/2021, 04/07/2021, 07/07/2021 and 09/07/2021, between 10.00 a.m. to 12.00 noon and shall cooperate in the investigation.

9.

The applicant shall be deemed to be in the custody of the Investigating Ofcer for the purposes of Section 27 of the Indian Evidence Act.

10.

The applicant shall not tamper with the prosecution evidence.

JUDGE J.Pethe