Abhishek Ramkrishna Mesare v. The State Of Mah. Thr. Its Investigation Officer Ps Darwha Tq.Darwha Dist.Yavatmal And Another

Judgment apeal729.22 11

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO.729 OF 2022 Abhishek Ramkrishna Mesare, age 22 years, Occupation education, r/o at post Ramgaon (Rameshwar) taluka Darwha, district Yavatmal. ..... Appellant. :: V E R S U S ::

1. The State of Maharashtra, Through its Investigation Officer, Police Station, Darwha, taluka Darwha, district Yavatmal.

2. Komal Raju Gayakwad, Age 19 years, occupation education, r/o at post Ramgaon (Rameshwar), taluka Darwha, district Yavatmal. ..... Respondents. ========================================= Shri R.B.Agame, Counsel for the Appellant.

Ms Archana P.Murrey, Counsel appointed for Respondent 2. Shri M.K.Pathan, Additional Public Prosecutor for the State. =========================================

CORAM

: ROHIT B.DEO & URMILA JOSHI-PHALKE , JJ .

DATE : 16/12/2022 ORAL JUDGMENT (Per : Rohit B.Deo, J.) 1.

This appeal is preferred under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Atrocities Act) assailing order rendered by learned Additional Sessions Judge refusing to grant pre-arrest protection in Crime 776/2022 registered with Police Station Darwha, .....2/-

Judgment apeal729.22 11 district Yavatmal for offences punishable under Sections 354-D, 504, and 506 read with 34 of the Indian Penal Code and under Section 3(2)(va), 3(1)(w)(i) of the Atrocities Act. 2.

The final report is submitted as against the appellant. 3.

The co-ordinate bench released the appellant on interim bail subject to certain conditions and it is not the case of the prosecution that the liberty is misused.

4.

Considering the nature of allegations, the fact that the investigation qua the appellant is complete and final report submitted, we make the order of interim bail absolute. 5.

The appeal is allowed.

6.

The fees of learned counsel Ms Archana P.Murrey appointed for respondent 2 be quantified and paid as per rules. (URMILA JOSHI-PHALKE, J.) (ROHIT B.DEO, J.) !! BrWankhede !!

by BHUSHAN RANA WANKHEDE Date: 2022.12.16 17:16:09 +0530 BHUSHAN RANA WANKHEDE ...../-