Prafull S/O Champat Kadu v. State Of Maharashtra Thr. Pso Of Ps Achalpur, Dist Amravati

aba450.20.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.450 OF 2020 (Prafull s/o Champat Kadu Vs. State of Maharashtra thr. PSO PS Achalpur, Dist. Amravati) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Shri H. Biherani, Advocate for Applicant.

Shri N.B. Jawade, APP for Non-Applicant/State. CORAM: ROHIT B. DEO, J.

DATE: 28 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 seeking pre-arrest protection in Crime 145/2020 registered with Achalpur Police Station, District Amravati for offence punishable under section 406, 420 read with section 34 of the Indian Penal Code. 3] The report and the other material which is perused would suggest that the predominant role in the alleged crime is attributed to co-accused, particularly Surajmal Ambedkar. According to the prosecution it was the applicant who introduced the complainant to Surajmal Ambedkar and co-accused Thawre. However, perusal of the case diary would show that at least at this stage beyond introducing the co-accused there is no material to link the applicant with the alleged crime.

aba450.20.O.odt 4] Considering the material on record I am inclined to exercise discretion in favour of the applicant. The application is allowed.

5] In the event of arrest in Crime 145/2020 registered with Achalpur Police Station Lonar, District Amravati for offence punishable under section 406, 420 read with section 34 of the Indian Penal Code, the applicant shall be released on furnishing personal bond of Rs.25,000/- with a surety of like amount.

6] The applicant shall attend Police Station Achalpur, District Amravati on 2nd and 3rd October, 2020 between 11:00 a.m. to 03:00 p.m. and shall co-operate with the Investigating Officer, till the filing of the charge-sheet. 7] In view of the prevailing situation, the applicant is granted four weeks time to furnish surety. 8] The applicant shall not directly or indirectly make any attempt to influence the witnesses or otherwise tamper with the investigation.

9] The applicant shall not leave the country without the permission of the trial court.

JUDGE NSN