Bombay High CourtABA/445/2017allowed

Datta S/O. Marotrao Poharkar v. The State Of Maharashtra Thr. Police Station Officer, Police Station Lakhani Dist. Bhandara

2017-06-23Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba445.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 445 OF 2017 (DATTA MAROTRAO POHARKAR...VS.. STATE OF MAH. THR. P.S.O. LAKHANI, DIST. BHANDARA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.B.Kalwaghe, Advocate for Applicant.

Shri Neeraj Patil, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JUNE 23, 2017.

Heard.

The applicant, apprehending arrest in crime registered against him for the offence punishable under Section 307 of the Indian Penal Code, has sought pre-arrest bail. The crime is registered against the applicant on the complaint lodged by Sunil Bakaram Chaple that when he was sitting along his friend Rajendra near Tahsil office at about 17.00 hrs. on 5th June, 2017, the applicant assaulted the complainant with stick asking why the complainant participated in the agitation. According to the applicant, the complainant assaulted the applicant by stick causing bleeding head injury and the applicant has also lodged complaint. The application is opposed on the ground that the investigation is still in progress and blood samples of the applicant are required to be collected.

The applicant is Gram-Sevak and has stated that he is not involved in any other crime/ offence.

2 aba445.17 Considering the nature of the incident and the nature of the accusations against the applicant, following order is passed :

In the event of arrest in Crime No.134/2017, registered by the non-applicant, the applicant be released on bail on executing P.R. Bond for Rs.Twenty Thousand. The applicant shall attend the Police Station, Lakhani, District : Bhandara on 28th June, 2017 and 5th July, 2017 between 10.00 a.m. and 1.00 p.m. and co-operate with the investigation.

The application is allowed in the above terms. JUDGE RRaut..