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Bombay High CourtABA/760/2020disposed off

Shrikant S/O Ankush Bhagat v. State Of Maharashtra, Thr. Pso Ps Cyber Police Station, Amravati City, Amravati

2021-01-13Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 aba760.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 760 OF 2020 ( Shrikant s/o Ankush Bhagat ..vs.. State of Maharashtra, through PSO, PS Cyber, Amravati ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Y.B. Mandpe, Counsel for the applicant, Mr. S.S. Doifode, Addl.P.P. for the non-applicant/State. CORAM : ROHIT B. DEO, J.

DATED : 13-01-2021 Heard.

2.

The applicant is apprehending arrest in Crime 4/2020 registered with Cyber Police Station, Amravati for offences punishable under Sections 419 and 420 of the Indian Penal Code and Sections 66(d) and 66(k) of the Information Technology Act.

3.

Vide order dated 16-12-2020 the applicant was granted interim pre-arrest protection.

4.

The applicant and the complainant are close relatives and the amount allegedly withdrawn from the account of the relative is already repaid. Moreover, the learned Additional Public Prosecutor Mr. S.S. Doifode fairly states that custodial interrogation is not necessary provided the applicant surrenders the SIM used in the transaction. The learned Counsel for the applicant Mr. Y.B. Mandpe states that two mobile sets are already

2 aba760.20 surrendered and if the concerned SIM has not as yet being surrendered, the same shall be surrendered within the next seven days.

5.

The interim protection granted vide order dated 16-12-2020 is made absolute with the modification that the applicant shall attend the Cyber Police Station, Amravati City from 11-00 a.m. to 2-00 p.m. on 16th and 17th January, 2021 and shall comply with the requisition of the Investigating Officer. If this condition is breached, it shall be open to the Investigating Officer to seek cancellation of bail.

JUDGE adgokar