Prakash S/O Gopalrao Patil And Others v. State Of Maharashtra, Thr. P.S.O. P.S. Rajapeth, Amravati
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) 314 OF 2016 (Ashwajit Prakash Patil Vs. The State of Maharashtra) AND CRIMINAL APPLICATION (ABA) 314 OF 2016 (Prakash Gopalrao Patil & others Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. V. Bhutada, Advocate for the applicants. Shri S. D. Shirpurkar, A.P.P. for the State.
CORAM : S. B. SHUKRE, J.
DATED : 20 JULY, 2016 Heard learned Counsel for the applicants and learned A.P.P. for the State. Perused the case diary and reply of the prosecution.
According to the learned A.P.P. for the State, the complainant has stated repeatedly that whenever the applicant in ABA No.314/2016 established physical relationship with her, she resisted the advances and that her consent was obtained by Ashwajit after assuring her that ultimately they were to be husband and wife. On perusal of the FIR, however, I find that this is a case wherein the love story which had developed as a result of engagement of Ashwajit with the complainant on 02/01/2016 turned sour and which ultimately laid to filing of the FIR by the complainant
against this applicant and the applicants in ABA No. 288/2016, i.e. Prakash Patil and Smt, Indumati Patil, the parents and Rahul Patil, the elder brother of applicant Ashwajit. It appears that the complainant lodged this complaint only because, later on, some differences cropped up between the side of these applicants and the family members of the complainant regarding solemnization of marriage of Ashwajit with the complainant. At this stage there is no need to discuss the reasons for breaking up of the marriage, but what is necessary is to point out that from the FIR as well as the material available in the case diary, there is no circumstance which is present as of now showing dishonest intention on the part of the applicant Ashwajit since beginning of the love story.
Therefore, I am of the view that it is doubtful if the offence punishable under Section 420 I.P.C. would be constituted.
be made out. These observations would be applicable to the case of the applicant in ABA No. 314/2016 i.e. Ashwajit . So far as the remaining three applicants in ABA No.288/2016 are concerned, there is absolutely nothing available on record which would show their any role in prima facie committing the offences alleged against them. In the circumstances, I am of the view that both these applications deserve to be allowed and they are allowed accordingly.
It is directed that the interim bail granted to Ashwajit (in ABA No.314/2016) on 13/5/2016 and the interim bail granted to Prakash Patil, smt. Indumati Patil and Rahul Patil (in ABA No.288/2016) on 04/5/2016 are hereby confirmed on the same conditions and also on the additional conditions that these applicants shall attend the police station as and when required, shall cooperate with the police in the investigation and shall not tamper with the prosecution witnesses.
JUDGE wwl
CERTIFICATE "I certify that this order uploaded is a true and correct copy of original signed order."
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