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Bombay High CourtABA/653/2020disposed off

Madan S/O Mhasaha Narote v. The State Of Maha, Thr. Its Police Station Officer, Police Station Dhad, Dist Buldhana

2020-12-14Hon'Ble Shri Justice Rohit Baban Deo2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR LD-VC- CRIMINAL APPLICATION (ABA) NO. 359/2020 Shri Madan s/o Mhasaha Narote Vs. State of Maharashtra =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri K.P. Sadavarte, advocate for the applicant. Shri J.Y. Ghorude, A.P.P. for the State.

CORAM : S.M. MODAK, J.

DATE : 16.06.2020.

Hearing was conducted through video conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

Heard.

3.

Issue notice to the non-applicant, returnable after two weeks 4.

Shri J.Y. Ghorude, learned Additional Public Prosecutor waives notice for the non-applicant/State.

5.

The offence came to be registered against the applicant under Section 379 of the Indian Penal Code with Police Station Dhad, Taluka and District Buldhana. There is an allegation that the applicant has committed theft of Soyabean of 37 quintals amounting to Rs.1,10,000/-. There is also an allegation that there is a dispute between the first informant and the applicant. I think, case for ad-interim protection is made out. The interest of Investigating Agency can be protected by imposing the condition. Hence the following order:-

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ORDER

I] The Investigating Officer, Police Station Dhad, Taluka and District Buldhana is directed to release the applicant on anticipatory bail in Crime No. 74/2020 for the offence punishable under Section 379 of the Indian Penal Code on furnishing P.R. Bond and S.B. of 15,000/-.

↣Ă II] The applicant is directed to give attendance to the Police Station Dhad, Taluka and District Buldhana on every Thursday and Saturday from 10.00 am to 12.00 noon, until further orders. III] The matter be posted after reopening the regular Court. IV] The prosecution is at liberty to circulate the matter in case of urgency. Registry is directed to keep this matter within seven days after reopening of the Court.

V] The applicant to provide hard copy of the bail application to the non-applicant.

6.

The order be communicated to the Counsel appearing for the parties, either on the email address or on WhatsApp or by such other mode, as is permissible in law.

JUDGE RKN