Pravin Bhaurao Chendakapure v. State Of Mah. Thr. Pso Ps Frezarpura , Amravati City Dist.Amravati

1 aba798.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 798 OF 2020 ( Pravin Bhaurao Chendakapure ..vs.. State of Maharashtra, through PSO, PS Frezarpura, Amravati ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

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

DATED : 07-01-2021 The applicant is apprehending arrest in Crime 530/2020 registered with Frezarpura Police Station, Amravati for offences punishable under Section 14(hh) of the State Reserve Police Force Act, 1951, Section 145 of the Maharashtra Police Act and Section 56 of the Disasters Management Act.

2.

The crime is registered on the basis of report dated 06-6-2020. The allegation is that the applicant, who was directed to report for bandobast duty, remained absent without obtaining the permission of the superior authority. The applicant is a member of the State Reserve Police Force and was expected to observe the utmost standards of discipline. However, while the applicant may have rendered himself vulnerable to serious disciplinary action, and as a fact, is already terminated, I do not see any reason not to protect the applicant from arrest.

2 aba798.20 3.

Custodial interrogation is not necessary and the investigation is not likely to suffer if the applicant is protected.

4.

The application is allowed.

5.

In the event of arrest in Crime 530/2020 registered with Frezarpura Police Station, Amravati for offences punishable under Section 14(hh) of the State Reserve Police Force Act, 1951, Section 145 of the Maharashtra Police Act and Section 56 of the Disasters Management Act, the applicant shall be released on furnishing personal bond of Rs.20,000/- with a solvent surety of like amount, which surety may be furnished within four weeks from the arrest, if any.

6.

The applicant shall attend the concerned police station, till the charge-sheet is filed, as and when directed by the Investigating Officer and shall cooperate with the Investigating Officer.

7.

The applicant shall not make any attempt to influence the witnesses.

8.

The applicant shall not leave the country without the permission of the trial Court.

JUDGE adgokar