Shekhar @ Chandrashekhar S/O Baliram Bhongirwar And Another v. The State Of Maharashtra Thr. P.S. Officer Post Patan

aba.626.16.doc 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [ABA] No.626 of 2016 (Shekhar @ Chandrashekhar s/o Baliram Bhongirwar and another vs.

State of Maharashtra, through P.S.O. Patan, District Yavatmal) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mrs. Vaishali Khadekar, Advocate for the Applicants. Shri T.A. Mirza, A.P.P. for the Non-Applicant/State.

CORAM

: S.B. SHUKRE, J.

DATE : 19 th OCTOBER, 2016.

Heard the learned Counsel for the applicants and the learned A.P.P. for the State.

Perused the case diary. The F.I.R. has been filed about seven hours after the incident had taken place. Apparently, there is no prima facie explanation given for the delay. Although, there are some witnesses, who are supporting the version of the complainant, the Secretary, who conducted the meeting, has not come out with any account of the incident. It is seen that so far, his statement has not been recorded. In fact, he is the key witness, as he was the person, who was conducting the meeting and the incident had started with an impression the complainant carried that the applicants were unnecessarily interfering in the smooth conduct of the meeting. It appears that the Secretary, Shri

aba.626.16.doc 2 Tale has also not filed any complaint so far, when there is an allegation that the proceedings of the meeting were disturbed by these applicants. Therefore, I am of the view that there is a doubt about prima facie involvement of the applicants in the offences alleged against them. The application deserves to be allowed. Hence, the order.

The application is allowed and the interim anticipatory bail granted to the applicants on 26th September, 2016 is hereby confirmed on the same conditions. Hamdast is granted.

*sdw JUDGE

aba.626.16.doc 3 C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of the original signed order.

Uploaded by : S.D. Waghmare, Uploaded on : 20/10/2016 P.A. to the Hon'ble Judge.