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Bombay High CourtABA/787/2020disposed off

Vinay S/O Balmukund Thavrani And Another v. State Of Mah. Thr. Pso Ps Khadan Ps Akola Tq. And Dist.Akola

2021-01-21Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 aba 787.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Application (ABA) No. 787 of 2020 (Vinay s/o Balmukund Thavrani and anr. ..vs.. The State of Maharashtra, through its P.S.O., P.S. Khadan P.S., Akola) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Anil Mardikar, Sr. Advocate with Shri S. J. Joshi, Advocate for the applicants Shri S. S. Doifode, APP for the State/non-applicant Shri H. S. Chitlay, Advocate for intervenor CORAM : ROHIT B. DEO, J.

DATED : 21-01-2021 Heard.

2.

The applicants are apprehending arrest in Crime 757/2020 registered with Police Station, Khadan, District Akola.

3.

This Court vide order dated 23-12-2020 (Coram : Anil S. Kilor, J.) granted interim protection. It is not even the case of the prosecution that the applicants have not complied with the condition of pre-arrest protection. 4.

I minutely scrutinized the material in the case diary.

5.

When I indicated my inclination to allow the application, the learned Additional Public Prosecutor Mr. Doifode and the learned counsel for the complainant in unison submitted that no decisive observation on the

2 aba 787.20 material, even a prima facie observation, be made since a quashment petition is pending.

6.

In view of the joint submission, I would refrain from making a reference to the material in the case diary, save and except to record that a case for exercise of discretion in favour of the applicants is made out. 7.

The interim protection granted vide order dated 23-12-2020 is made absolute with the only modification that till the filing of the charge-sheet, the applicants shall attend the concerned police station as and when required by the Investigating Officer.

JUDGE wasnik by Avinash Wasnik Date:

2021.01.21 17:33:28 +0530 Avinash Wasnik