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Bombay High CourtABA/671/2022allowed

Harishkumar S/O Vishandas Tewani v. The State Of Mah. Thr. Pso Ps Fraizpura Ps (City) Amravati

2022-09-26Hon'Ble Shri Justice Anil S. Kilor2 pages

21.aba.671.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.671 OF 2022 Harishkumar Vishandas Tewani .Vs. State of Maharashtra, through P.S.O., P.S. Fraizpura, Amravati Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M. Rajkondawar, Advocate for the applicant. Shri S.M. Ghodeswar, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 26/09/2022 Heard.

2.

The applicant is seeking pre-arrest bail in Crime No.177 of 2022, registered with Police Station Fraizpura (City), District: Amravati, for the offences punishable under Sections 498-A of the Indian Penal Code. 2.

The allegations show that the present offence is an outcome of matrimonial discord. Furthermore, considering the nature of allegations, I am of the opinion that the custodial interrogation of the applicant is not necessary, particularly, in view of the fact that while granting ad-interim anticipatory bail, it was directed that the applicant to attend the concerned Police Station as and when his presence is required, however, the Investigation Officer never called the applicant for investigation. Thus, it C.L.Dhakate

21.aba.671.2022.odt can be said that custodial interrogation of the applicant is not necessary. Accordingly, I pass the following order: a) The criminal application is allowed.

b) Order passed by this Court on 19.09.2022, granting ad-interim anticipatory bail, is confirmed with modification that the applicant shall attend the concerned Police Station as and when his presence is required.

The criminal application is disposed of accordingly.

JUDGE Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge C.L.Dhakate