Bombay High CourtABA/501/2017dismissed

Vilas S/O. Ramkrishna Mehram v. State Of Maharashtra Thr. P.S.O. P.S. Warora, Dist. Chandrapur

2017-07-21Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba501.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.501/2017 Vilas S/o Ramkrishna Mehram ..Vs..

State of Maharashtra, through Police Station Officer, Police Station, Warora, Distt. Chandrapur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Mahesh Rai, Adv. for the applicant.

Shri N.R. Patil, A.P.P. for the non-applicant / State. CORAM : Z.A.HAQ, J.

DATE : 21.7.2017.

Heard.

Apprehending arrest in connection with Crime No.749/2017 registered for the offence punishable under Sections 354, 354-A (1)(i) of the Indian Penal Code and Sections 7 and 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 victim, aged about 14 years.

The application is opposed on the ground that the statements of witnesses recorded by the investigating agency show that the behaviour of the applicant after the incident was abnormal and he left the hospital though as per his duty norms, being a driver of ambulance he could not have left the hospital. The investigating agency relies on the statements of doctor, Superintendent of

2 aba501.17 Hospital, Nurse, Security Guard and Safai Kamgar who were on the duty at the relevant time.

Considering the nature of incident, the accusations against the applicant and accepting the submission made on behalf of the investigating agency that investigation is in progress and custody of applicant is required for investigation, I am not inclined to grant the prayer made in the application. The application is dismissed.

The applicant is granted interim protection by this Court by order passed on 14th July, 2017. The applicant shall surrender within 3 days, failing which note of his conduct be taken at various stages of the proceedings.

JUDGE Tambaskar.