Vishal S/O. Tukaram Mantriwar v. The State Of Maharashtra Thr. Police Station Officer Mul Tah. And Dist. Chandrapur

1 aba386.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 386 OF 2017 (VISHAL S/O TUKARAM MANTRIWAR...VS.. STATE OF MAH. THR. P.S.O. PS MUL, DISTT.CHANDRAPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. P. Bhandarkar, Advocate for Applicant. Shri N. R. Patil, A.P.P. assisted by Shri N. R. Bhishikar Advocate for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 1 st JULY , 2017.

CRIMINAL APPLICATION (APPP) NO.1064 OF 2017.

Considering the facts of the case, complainant Rajesh Sukhdeorao Dekapurwar is permitted to assist the prosecution.

The Criminal Application is allowed.

CRIMINAL APPLICATION (ABA) NO.386 OF 2017.

Heard.

The applicant, apprehending arrest in crime registered against him for the offences punishable under Sections 363 and 366 of the Indian Penal Code, has sought pre-arrest bail.

The crime is registered against the applicant on the complaint lodged by Rajesh Dekapurwar (aged about 39 years) that his wife and minor daughter, aged about 3 years,

2 aba386.17 have been abducted by the applicant.

According to the applicant, he is acquainted with wife of the complainant since long and the wife of the complainant has left the house of complainant on her own free will because of harassment meted to her by the complainant. An affidavit sworn on 26th May, 2017 by Sau. Gayatri (wife of complainant) was filed before the Sessions Court stating that she had gone to the house of applicant on her own to pay tribute to mother of the applicant, who died on 19th May, 2017 and then she went to her friend's house. On 23th June, 2017 the learned advocate for the applicant had submitted that Sau. Gayatri was present alongwith her baby, in Court. Today again it is stated by the learned advocate for the applicant that Sau. Gayatri alongwith baby is present in Court.

Considering the nature of accusations against the applicant, it cannot be said that the custodial interrogation of the applicant is required. Hence, the order passed by this Court on 9th June, 2017 granting protection to the applicant is confirmed.

The application is allowed accordingly.

JUDGE PBP