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Bombay High CourtABA/286/2017allowed

Avinash S/O. Manikrao Jogdand v. The State Of Maharashtra Thr. Police Station Officer Police Station Jaulka (Rly) Tah Malegaon Washi

2017-07-11Hon'Ble Shri Justice Z.A. Haq2 pages

1 ABA286.7.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.286/2017 Avinash S/o Manikrao Jogdand Vs The State of Maharashtra, Through Police Station Officer, Police Station Jaulka (Railway), Tahsil Malegaon, District Washim - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.A. Gupta, Sr. Adv. with Shri A.V. Band, Adv. for the applicant. Shri. N.R. Patil, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 11.7.2017.

Heard.

Apprehending arrest in connection with the crime registered for the offence punishable under sections 302, 201, 354, 143 and 147 read with Section 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the applicant has sought pre-arrest bail.

The crime is registered on the complaint lodged by Rajaram Nivrutti Sonkamble (Father of Victim) that as the victim who was residing in the hostel of the institution did not fulfill the illegitimate demand of the accused and did not accede to their pressure of fulfilling the demand of the accused to have physical relations with the Principal of the institution and

2 ABA286.7.17 Ganshyam Jogdand, the accused, committed murder of the victim.

The applicant is granted protection by this Court by the order passed on 26th April, 2017 imposing condition of attendance at the Police Station. The non-applicant has not complained that the applicant has not complied with the order passed by this Court. The hostel, where the victim is residing is at Aamkheda, Tahsil Malegaon, Distt. Washim. The applicant is residing at Pune at a distance of about 500 kilometers.

The applicant claims to be a businessmen and has stated that he is not involved in any other crime/offence.

Considering the facts of the case and the nature of the accusations against the applicant, the order passed by this Court on 26th April, 2017 granting interim protection to the applicant is confirmed.

The application is allowed accordingly.

JUDGE Akram P. Ansari.