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Bombay High CourtABA/506/2016allowed

Gajanan Wasudeo Shirbhate v. The State Of Maharashtra Through Police Station Officer, P. S. Wadgaon (Jangal), Yavatmal

2016-08-16Hon'Ble Shri Justice Sunil B. Shukre2 pages

1 1608aba506.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 506 OF 2016 (Gajanan Wasudeo Shirbhate Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N. A. Gaikwad, Advocate for the applicant. Shri A. M. Deshpande, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : AUGUST 16, 2016 Heard learned Counsel for the applicant and the learned A.P.P. for the State.

The allegation is that this applicant had attempted to take an amount of Rs.75,690/- for Nalla Straightening Work by not following the proper procedure. Having regard to such an allegation, I am of the view that this is not a case wherein custodial interrogation of the applicant would be required in as much as it is doubtful if the allegation would fall within the realm of criminal law, there being no circumstances present on record prima facie showing dishonest intention on the part of this applicant. I am, therefore, inclined to grant this application.

The application is allowed and the interim bail granted to the applicant by this Court on 09/8/2016 is hereby confirmed on the same conditions.

JUDGE wwl

2 1608aba506.16 CERTIFICATE "I certify that this order uploaded is a true and correct copy of original signed order."

Uploaded by : W. W. Lichade Uploaded on : 16/8/2016