Bombay High CourtABA/384/2017allowed

Kailash S/O. Kashiram Ingle v. State Of Maharashtra Thr. P.S.O. Channi Tq. Patur Dist. Akola

2017-06-09Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba384.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 384 OF 2017 (KAILASH KASHIRAM INGLE...VS.. STATE OF MAH. THR. P.S.O. CHANNI, DIST. AKOLA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.J.Thakkar, Advocate for Applicant.

Shri A.M.Deshpande, A.P.P. for Non-applicant. CORAM : Z.A.HAQ, J.

DATED : JUNE 09, 2017.

The applicant seeks pre-arrest bail apprehending arrest in crime registered against him by the non-applicant for the offence punishable under Section 379 of the Indian Penal Code on the accusation that he has committed theft of bullock.

The application is opposed on the ground that the First Information Report is registered against the applicant in August, 2015 and since then he had been absconding and the efforts made by the Investigating Agency to trace him have failed.

I have gone through the reply submitted by the Investigating Agency before the Sessions Court, the copy of which is placed on record of this application. Except for making general statement that the applicant was not traceable, the Investigating Agency has not pointed out the efforts taken by it to substantiate its contention that the Investigating Agency made efforts to arrest the applicant. Considering the facts of the case, nature of accusations and the uncontroverted statement made by the

2 aba384.17 applicant that he is an agriculturist and is not involved in any other crime/ offence earlier, in my view, the applicant is entitled for interim protection.

It is directed that in the event of arrest in Crime No.93/2015, registered by the non-applicant, the applicant be released on bail on furnishing P.R. Bond for Rs.Ten Thousand and one solvent surety in the like amount.

The application is allowed accordingly.

JUDGE RRaut..