Bombay High CourtAPPA/436/2020dismissed

Shrikushna S/O Jagganath Shingne v. State Of Mah. Thr. Pso Ps Andhera Tq.Deoulgaon Raja Dist.Buldhana And Another

2020-10-23Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice Amit B. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO. 416/2020 Shrikushna J. Shingne ..VS..

State & anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K.P. Sadavarte, Advocate for the appellant Shri S.J. Kadu, APP for the respondent no. 1 CORAM : Z.A.HAQ & AMIT B. BORKAR, JJ.

DATED : 23/10/2020 1] Heard learned advocate for the appellant and learned APP for the respondent no. 1 - State. 2] Issue notice to the respondent no. 2, returnable on 05/11/2020.

3] The respondent no. 1 - Police Station Officer shall ensure that report of service of notice of this appeal on the respondent no. 2 is placed on record before the next date. CRIMINAL APPLICATION (APPA) NO. 436/2020 4] Issue notice to the respondent no. 2, returnable on 05/11/2020.

5] F.I.R. No. 312/2020 is registered with the respondent no. 1 - Police Station against the appellant for the offences punishable under Sections 376(2)(r), 294 and 506 of the Indian Penal Code and Sections 3(1)(12) amended Section 3(1)(r) (w) (i) (ii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The F.I.R. is registered on the complaint made by the respondent no. 2 that the appellant sexually assaulted her. The F.I.R is registered on 16.09.2020.

6] According to the respondent no. 2 - Informant, the appellant and respondent no. 2 were in relationship since 01/12/2018.

7] The appellant claims to be an agriculturist and has stated that any other crime is not registered against him. 8] Considering the facts of the case, prima facie, we are of the view that the appellant deserves interim protection. 9] Hence, the following order :- In the event of arrest in connection with Crime No. 312/2020 registered with the respondent no. 1 - Police Station, the appellant be released on provisional bail on executing P.R. Bond for Rs. Twenty Thousand and one solvent surety in the like amount.

The appellant shall attend the respondent no. 1 - Police Station as and when summoned.

CRIMINAL APPLICATION (APPA) NO. 429/2020 10] Learned advocate for the appellant states that in view of the filing of Criminal Application (APPA) No. 436/2020, this application is not pressed. 11] The criminal application is dismissed accordingly. JUDGE JUDGE