Pushpa W/O Suryabhan Yade v. State Of Maharashtra Thr. Pso Ps Shegaon City, Tq. Shegaon, Dist. Buldhana And Another

1 51. & 51 A APEAL. 310-20 WITH APEAL 308-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO. 310 OF 2020 ( Sau. Pushpa w/o Suryabhan Yade Vs. State of Maharashtra & Anr. ) WITH CRIMINAL APPEAL NO. 308 OF 2020 ( Datta s/o Suryabhan Yade Vs. State of Maharashtra & Anr. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.D. Bhate, Advocate for the Appellant/s. Ms. Trupti H. Udeshi, A.P.P. for the Respondent No.1/State. CORAM: AVINASH G. GHAROTE, J.

DATED : 2nd MAY, 2022.

Heard Mr. Bhate, learned cousnel for the appellants and Ms. Udeshi, learned APP for the respondent No.1/State.

2.

The appellants are seeking pre-arrest bail in connection with Crime No. 165 of 2020 registered with Shegaon Police Station for the offences punishable under Sections 143, 147, 148, 149, 323, 324, 448 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3.

Learned counsel for the appellants submits, that vide order dated 05.05.2020, ad-interim anticipatory bail was granted to the appellants and as per the

2 51. & 51 A APEAL. 310-20 WITH APEAL 308-20.odt direction of this Court, the appellants have attended the police station. It is further submitted, that after completing the investigation, the charge-sheet is already filed and the custody of the appellants is no more required. It is further submitted, that all the other accused persons were released on bail. In the circumstances, the learned counsel for the appellants prays for confirmation of order dated 05.05.2020 granting ad-interim bail to the appellants.

4.

On the other hand, learned APP for the respondent No.1/State is not disputing the fact of filing of charge-sheet and released of other accused persons on bail.

5.

As the charge-sheet is filed and the custody of the appellants is no more required, I am of the opinion that ad-interim bail order dated 05.05.2020 needs to be confirmed. Accordingly, I pass the following order.

O R D E R

i.

Criminal Appeals are allowed.

ii.

Order dated 05.05.2020 granting ad-interim protection is confirmed.

JUDGE Signed By:SHRIKANT DAMODHAR BHIMTE SD. Bhimte