Rajesh @ Raju S/O Nagorao Gorle v. State Of Maharashtra, Thr. P.S.O. Malegaon, Washim

1 0209aba521.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) No. 521 OF 2016 ( Rajesh @ Raju s/o Nagorao Gorle Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Rohit Borwankar, Advocate for the applicant. Shri V. P. Gangane, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : 02 SEPTEMBER, 2016 Reply of the prosecution is taken on record.

Heard learned Counsel for the applicant and the learned A.P.P. for the State. Perused the reply and the case-diary.

The statements of witnesses, most of whom are co-accused, disclose that Ratan Khandare was residing in the house of this applicant. It is seen that on 19/5/2016 Ratan Khandare had established a telephonic contact with his son Shrikant. Ratan Khandre did not, however, inform his son Shrikant that he was being forcibly detained in the house of the applicant. He also did not inform that against his consent, he had been taken away from one place to another.

The first information report lodged by another

2 0209aba521.16 son Akash does not give details of the conversation between Ratan Khandare and Shrikant. It is the allegation of the complainant that he suspects that his father, Ratan Khandare was taken away by this applicant and others with an intention to make his use for the purpose of unearthing the secret wealth. But, the material available on record leads us nowhere to enable us to find out the genuineness or otherwise of the said allegation.

As pointed out earlier, even Ratan Khandare, when he talked with his son, Shrikant, had not disclosed any such thing. Therefore, at this stage, it appears that this applicant is being sought to be implicated only on the basis of suspicion expressed by son of the missing person. But, there is no reasonable basis for the same, at this stage, Therefore, I am of the view that the application deserves to be allowed.

The application is allowed.

Interim bail granted to the applicant by this Court on 19/8/2016 is hereby confirmed on the same conditions.

JUDGE WWL

3 0209aba521.16 CERTIFICATE "I certify that this order uploaded is a true and correct copy of original signed order."

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