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Bombay High CourtABA/645/2022allowed

Vilas S/O Laxman Kowe v. The State Of Mah. Thr. Pso, Ps, Ballarsha, Distt. Chandrapur.

2022-09-21Hon'Ble Shri Justice Anil S. Kilor2 pages

9-Aba-645-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 645 OF 2022 Vilas Laxman Kowe Versus State of Maharashtra, through PSO PS Ballarsha, Dist. Chandrapur.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri T.Deshpande, Advocate with Shri A. Deshmukh, Advocate for the applicant.

Shri S.M.Ghodeswar, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 21/09/2022 Heard.

2.

The applicant is seeking bail in Crime No.

825/2022, dated 17/08/2022, registered with Police Station Ballarshah, District Chandrapur for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code, 1860.

3.

In this crime, the allegations against the applicant is that, he used to harass the deceased and would not assign work and therefore, the deceased committed suicide. Prima-facie, from the statement of some witnesses and the charge-sheet filed along with the application it can be seen that the deceased used to remain absent without prior permission and many times he was found under the influence of liquor while on duty.

4.

Considering the above referred back-drop, though the learned APP strongly opposing the present rkn

9-Aba-645-2022.odt application, I am of the opinion that, custodial interrogation of the applicant is not necessary, particularly in the above referred backdrop. Accordingly, I pass the following order: a) The criminal application is allowed.

b) The Ad-interim anticipatory bail granted by this Court on 07.09.2022, is confirmed.

c) The applicant shall attend the concerned Police Station from 26/09/2022 till 30/09/2022 between 09.00 a.m. to 10.00 a.m. and thereafter as and when his presence is required [ANIL S. KILOR, J.] rkn