Nikhil S/O. Punjaji Khandare And Another v. The State Of Maharashtra Thr. P.S.O. Police Station Shirpur Tah. Malegaon Dist. Washim

1 ba526.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 526 OF 2017 (NIKHIL S/O PUNJAJI KHANDARE AND ANOTHER...VS.. STATE OF MAH. THR. P.S.O. PS SHIRPUR, TAH-MALEGAON, DIST. WASHIM) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. C. R. Thakur, Advocate for Applicants.

Shri. T. A. Mirza, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 19 th JUNE, 2017.

Heard.

The applicants are arrested on 24th May, 2017 in crime registered against them and other persons for the offences punishable under Sections 143, 147, 148, 149, 307, 353, 452, 504, 506 and 294 of the Indian Penal Code and under Section 8 of the Protection of Children from Sexual Offences Act. The record shows that the present applicant No.1 Nikhil had also lodged complaint against Ramdas and others, on the basis of which Crime No.108 of 2017 is registered. The accusation against the persons against whom Crime No.107 of 2017 is registered, is that they assaulted the members of other party because of which about five persons suffered injuries. It is further alleged that some of the accused molested daughter of the complainant. The applicant, aged about 23 years, is serving in Indian Army. The applicant No.2, aged about 22 years, is a student of Engineering course. The applicants claim that they

2 ba526.17 are not involved in any other crime or offence which is not controverted by the non-applicant. From the reply filed by the non-applicant before the Sessions Court (copy of which is placed on record at page No.31), the non-applicant has not been able to point out that the custody of applicants is required for further investigation.

Hence, the following order :

The applicants, having been arrested in crime No.107 of 2017 registered by the non-applicant, they be released on bail on executing P. R. Bond of Rs.25,000/- each. The application is allowed accordingly.

JUDGE PBPatil.