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Bombay High CourtABA/358/2020allowed

Sudhakar Pandhari Patil v. State Of Maharashtra Thr. Pso Ps Chimur, Tq. Chimur, Dist. Chandrapur

2020-09-18Hon'Ble Shri Justice Rohit Baban Deo2 pages

aba358.20.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.358 OF 2020 (Sudhakar Pandhari Patil Vs. The State of Maharashtra thr. PSO PS Chimur, Tah. Chimur, Dist. Chandrapur) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Shri Anant Ramteke, Advocate for Applicant.

Mrs. S.S. Jachak, APP for Non-Applicant/State. CORAM: ROHIT B. DEO, J.

DATE: 18 th SEPTEMBER, 2020.

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

2] The applicant is apprehending arrest in Crime 293/2019 registered with Police Station Chimur, District Chandrapur for offence punishable under sections 376, 354, 506 and 509 of the Indian Penal Code.

3] According to the prosecutrix. The first incident of sexual harassment took place in January, 2019. It is then alleged that the applicant held the hand of the prosecutrix in the month of February, 2019 and lastly the applicant subjected her to forcible sexual intercourse on 25.05.2019. According to the prosecutrix she disclosed the incident to her husband in July, 2019. However, the report is lodged on 14.09.2019. In this view of the matter, the applicant has made out a case for confirming of the interim protection

aba358.20.O.odt granted vide order dated 18.08.2020 (Coram: V.M. Deshpande, J.) 4] The learned APP Mrs. Jachak states that the prosecutrix nurtures an apprehension of continued harassment and threats. This apprehension can be allayed by directing the applicant not to enter the territorial limits of village Tukum (Masal), Taluka Chimur, District Chandrapur till the conclusion of the trial.

5] The interim order dated 18.08.2020 is made absolute.

6] The applicant shall attend Police Station Chimur, District Chandrapur as and when required by the Investigating Officer.

7] The applicant shall not enter the territorial limits of village Tukum (Masal) till the conclusion of the trial unless permitted to do so by the jurisdictional Court. 8] The applicant shall not make any attempt to influence the witnesses.

9] The applicant shall not leave the country without the permission of the jurisdictional Court.

JUDGE NSN