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Bombay High CourtABA/427/2020allowed

Sarjerao S/O Sawalaram Gadekar And 3 Others v. State Of Maharashtra Thr. Pso Ps Deulgaonraja, Dist. Buldhana

2020-05-15Hon'Ble Shri Justice Z.A. Haq2 pages

1 LDVCABA91.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR LD - VC ABA NO. 91/2020 Sarjerao Sawalaram Gadekar & ors.

..VS..

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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 15/05/2020 Heard Shri M.V. Rai, Advocate for the applicants and Ms. M.H. Deshmukh, learned APP for the non-applicant - State.

The applicants (four in number), apprehending arrest in connection with Crime No. 99/2020 registered with the non-applicant - Police Station for the offence punishable under Section 395 of the Indian Penal Code have approached this Court by this application. The first information report is registered against the applicants on the complaint lodged by one Saraswati Khule.

The facts on record show that there has been some dispute between the applicants and complainant and a counter complaint is also filed by the applicant no. 4 and her family members.

The applicant no. 1 is aged about 70 years and is an Ex-Army person. The applicant no. 2 is the wife of the ANSARI

2 LDVCABA91.2020 applicant no. 1 and applicant nos. 3 and 4 are the labourers working in the field of the applicant no. 1. According to the applicant no. 1, another crime for the offence punishable under Section 324 of the Indian Penal Code is registered against him on the complaint of some other person and in that crime, the investigation is still going on since last two years.

Considering the facts of the case, nature of accusations against the applicants and the present situation, I am of the view that the applicants are entitled for protection. Hence, the following order:- (a) In the event of arrest in connection with Crime No. 99/2020 registered with the non-applicant - Police Station against the applicants, they be released on bail on executing P.R. Bond for Rs. Ten Thousand each. (b) In addition, the applicant no. 1 shall furnish cash security of Rs. Twenty Thousand which shall be for himself and for the applicant nos. 2 to 4.

(c) The applicant no. 1 shall attend the nonapplicant - Police Station on every Wednesday between 10:00 am and 2:00 pm till filing of the charge-sheet. (d) The applicant no. 1 will not be required to attend the Police Station if the Investigating Agency informs him in writing that he is not required to do so. The criminal application is allowed in the above terms.

JUDGE ANSARI