Sachin S/O Rajiv Rahate v. The State Of Maharashtra, Through Police Station Officer, Police Station Channi, Akola

1 aba452.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 452 OF 2017 (SACHIN RAJIV RAHATE....VS.. STATE OF MAH.THR.P.S.O., CHANNI, DIST. AKOLA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Avinash Gupta, Sr. Advocate a/b. Shri A.A.Gupta, Advocate for Applicant.

Shri S.P.Deshpande, A.P.P. for Non-applicant. Shri A.P. Tathod, Advocate for Complainant.

CORAM : Z.A.HAQ, J.

DATED : JULY 19, 2017.

CRI.APPLN.(APPP) NO.1190/2017.

Considering the facts of the case, the complainant-Prakash Dnyanba Muthal father of the deceased is permitted to assist the prosecution.

The criminal application is allowed.

CRI.APPLN.(ABA) NO.452/2017.

Apprehending arrest in connection with Crime No.62 of 2017, registered for the offences punishable under Sections 304-B, 498-A read with Section 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961 the applicant has sought pre-arrest bail.

According to the Investigating Agency the incident occurred in the matrimonial house of deceased within seven years of marriage. The complainant alleges that the victim was harassed to fulfill the demands made by the applicant and his parents.

2 aba452.17 The facts on record show that the applicant is having five year old son who is presently with the parents of the applicant. The applicant aged about 30 years is working as teacher in a school and has stated that he is not involved in any other crime/offence.

By order passed on 27th June, 2017 this Court has granted interim protection to the applicant imposing condition of attending Police Station. The Investigating Agency has not complained that the applicant has not cooperated with it. The non-applicant has not been able to point out that the custody of the applicant is required for further investigation.

Considering the facts of the case, the order passed on 27th June, 2017 granting protection to the applicant is confirmed.

The application is allowed accordingly.

JUDGE RRaut..