Shivshankar S/O. Bhaskar Gaikwad v. State Of Maharashtra Thr. Police Station Officer Police Station Shirpur Dist. Washim

1 aba465.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.465/2017 Shivshankar S/o Bhaskar Gaikwad ..Vs..

State of Maharashtra, through P.S.O., P.S. Shirpur, Distt. Washim - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D Chande, Adv. for the applicant.

Shri T.A. Mirza, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 10.7.2017.

Heard.

Apprehending arrest in crime registered against the applicant and about 20 others for the offence punishable under Sections 143, 147, 148, 149, 307, 323, 324, 354, 452, 294, 504 and 506 of the Indian Penal Code and under Section 8 of the Protection of Children from Sexual Offences Act, 2012, the applicant has sought pre-arrest bail.

The crime is registered on the complaint lodged by Ramdas Billewar on 23rd May, 2017 that the accused stormed into her house, the accused had iron pipe and knife, they assaulted the complainant, his family members, and the applicant (aged about 20 years) molested minor daughter of the complainant. According to the applicant, he is falsely implicated as a complaint is lodged against Ramdas

2 aba465.17 Billewar and some others for assaulting Ganesh (friend of the applicant) for causing grievous injury. According to the applicant, Crime No.108/2017 is registered against Ramdas Billewar and others.

The facts on record show that Crime No.107/2017 is registered on the complaint of Ramdas Billewar lodged on 23rd May, 2017 and Crime No.108/2017 is registered against Ramdas Billewar and others on the complaint lodged by the other group on 24th May, 2017.

The application is opposed on the ground that the investigation is in progress and weapons used in the commission of crime are to be recovered. Considering the facts of the case and the nature of accusations against the applicant, I am not inclined to grant the prayer made in the application. The application is dismissed.

The applicant is granted interim protection by order passed on 30th June, 2017. The applicant shall surrender within one week, failing which note of his conduct be taken at all stages of the proceedings. JUDGE Tambaskar.