Gajanan Son Of Devrao Sable v. The State Of Mah.,Thr. Its Police Station Officer, Police Station, Lonar, Tahsil Lonar, District Bu

1 18 aba 581.2021

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.581 OF 2021 Gajanan s/o Devrao Sable ..vs..

State of Maharashtra, thr. P.S.O.

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

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V. Kulsange, Advocate for applicant.

Shri S.D. Sirpurkar, A.P.P. for non-applicant/State. CORAM : VINAY JOSHI, J.

DATED : 27/09/2021 Heard.

2.

In anticipation of arrest in Crime No.174 of 2021 registered with non-applicant - Police Station Lonar, District Buldhana for the offence punishable under Sections 143, 147, 18, 149, 324, 323, 504 and 506 of the Indian Penal Code, applicant is seeking for pre-arrest protection.

3.

During the course of investigation, Police found the informant's shoulder was dislocated due to which Section 326 of the Indian Penal Code was also added at later stage.

4.

It is the prosecution case that on the date of incident, the applicant along with three co-accused have quarreled with the informant at the instance of

2 18 aba 581.2021 monetary dispute. At relevant time all of them abused to the informant. However, particularly the applicant dealt a stick blow at the shoulder of the informant. In the result, the informant's shoulder was dislocated. 5.

Learned Counsel for the applicant would submit that the incident was occurred on 04.07.2021, whilst the report was lodged after four days. Learned A.P.P. has pointed out that delay in lodgment of First Information Report occurred since the informant was taking treatment in the Hospital.

6.

It reveals that, the allegation against the applicant is of assaulting the informant by means of stick. During the course of investigation, two sticks and one iron rod were already seized by the Police. After treatment, the informant is discharged long back. Initially, the Police have registered the offence punishable under Section 324 of the Indian Penal Code, however, later on, Section 326 has been added. No convincing reason is made out to have the applicant's custodial interrogation. However, it appears that the applicant is resident of same locality. Having regards to these facts, applicants' liberty can be protected by imposing certain conditions. In view of that, following order :

(a)The Criminal Application stands allowed.

3 18 aba 581.2021 (b)Ad-interim order dated 06.09.2021 is hereby made absolute on same terms and condition.

(c)The applicant shall not enter into the limits of Lonar Tahsil, till filing of the charge-sheet except attending the Police Station.

(d)The Applicant/accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence.

JUDGE Trupti