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Bombay High CourtABA/456/2020disposed off

Roshan S/O Dewanand Waghmare v. State Of Maharashtra Thr. Police Station Beltarodi, Dist. Nagpur

2021-01-15Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 aba456.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 456 OF 2020 ( Roshan Dewanand Waghmare ..vs.. State of Maharashtra, through PSO, PS Beltarodi, Nagpur ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Me. A.K. Madane, Counsel for the applicant, Mr. N.R. Rode, Addl.P.P. for the non-applicant/State. CORAM : ROHIT B. DEO, J.

DATED : 15-01-2021 The applicant is apprehending arrest in Crime 25/2020 registered with Beltarodi Police Station, Nagpur for offences punishable under Sections 120, 420, 467, 468, 470 and 471 read with Section 34 of the Indian Penal Code.

2.

Vide order dated 29-6-2020 (Coram : M.G.

Giratkar, J.) the applicant was granted pre-arrest protection, subject to certain conditions, which are complied with.

3.

I have perused the case diary. Prima facie the submission of the learned Counsel that even if it is assumed that the applicant accompanied the co-accused to the Bank at which the forged cheque was encashed, there is no direct role in the forgery or the conspiracy, cannot be brushed aside. The applicant may have accompanied co-accused-Nitin lured by the commission promised.

2 aba456.20 4.

In any event, custodial interrogation is not necessary.

5.

The applicant has made out a case for making the interim protection absolute.

6.

The interim protection granted vide order dated 29-6-2020 is made absolute with the only modification that the applicant shall attend the concerned police station, as and when directed by the Investigating Officer, till the filing of the charge-sheet. JUDGE adgokar