Shyam Kisan Thakare v. The State Of Maharashtra, Thr. P.S.O. P.S. Channi, Tq. Patur, Dist. Akola

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

LD-VC-CRIMINAL APPLICATION [BA] NO. 364/2020. Shyam Kisan Thakare -VERSUSThe State of Maharashtra.

Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar'

s orders.

Shri S.V. Sirpurkar, Advocate for the Applicant. Shri S.M. Ukey, Addl.P.P. for the Non-applicant. CORAM : VINAY JOSHI, J.

DATE : JUNE 18, 2020.

Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

Heard.

The applicant came to be arrested by the non-applicant - Police Station in Crime No. 145/2020 relating to offence punishable under Sections 353, 354, 323 and 504 of the Indian Penal Code. The applicant has applied for regular bail before the Sessions Court and has also urged for grant of interim protection. The learned Sessions Judge vide its order dated 27.05.2020 refused to grant ad-interim

protection to the applicant.

3.

The learned Counsel for the applicant took me through the contents of FIR and stated that the applicant who is a Panchayat Samiti Member has been falsely implicated in the aforesaid crime.

4.

On perusal of the FIR it reveals that the informant Lady alleged that the applicant entered her office, pressed her hand and thus outraged her modesty. The applicant is behind bar since 22.05.2020.

5.

Learned Addl.P.P. opposed the interim protection only on the ground that if the applicant is released on interim bail he would pressurize the informant.

6.

Having regard to the nature of offence, apparently there is nothing to be seized from the applicant. He has already been taken into police custody. His regular bail will take its own time for disposal in accordance with law. In view of that, it would be appropriate and in the interest of justice to grant interim protection to the applicant by imposing certain conditions, so as to put him on vigil. In view of that, following order is passed.

(i) The applicant/accused - Shyam Kisan Thakare is released on interim bail on his furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(ii) The applicant/accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case. (iii) The applicant/accused shall attend the concerned Police Station on every Monday and Friday in between 10 a.m. to 12 noon, till the disposal of his regular bail application by the Sessions Judge. (iv) This interim order will remain in force till decision of main bail application by the Sessions Court. (v) Criminal Application is disposed of accordingly.

7.

The learned Sessions Judge shall decide the regular bail application of the applicant on its own merits, without being influenced by this order. 8.

This order be communicated to the counsel appearing for the parties, either on the e-mail address

or on WhatsApp or by such other mode, as is permissible in law.

JUDGE Rgd.