Aman S/O. Moreshwar Pande v. The State Of Maharashtra Thr. P.S.O. Parsheoni Nagpur

0601aba759.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.759 OF 2016 (Aman s/o Moreshwar Pande vs. The State of Maharashtra) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri N. Rizwy, Advocate for applicant.

Shri S.A. Ashirgade, Additional Public Prosecutor for respondent.

-------- CORAM : P.N. DESHMUKH, J.

DATED : JANUARY 06, 2017 Heard learned Counsel for both sides.

This is an application for grant of anticipatory bail in Crime No. 30/2016 registered under Sections 394, 307, 397 and 120-B read with Section 34 of Indian Penal Code.

The record reveals that as per interim protection granted and directions issued to applicant, he has attended investigating Officer. The learned Additional Public Prosecutor has, however, contended that applicant has not cooperated with investigation as he has not given any information about motor cycle, which is alleged to be used in the present crime. It appears to be the case of prosecution that in the night of 22/4/2016, complainant and his employer were proceeding on one motor cycle towards Parsheoni and after they crossed bridge over pench river, they were intercepted by two persons, who were sitting on their stationary bike and committed theft of amount

0601aba759.16 2/2 of Rs.53,000/- which was carried by Uttam, complainant's employer.

Shri Ashirgade, learned Additional Public Prosecutor on obtaining instructions, has submitted that bike used by two persons, who intercepted complainant, was not of applicant. It is, however, submitted that applicant's involvement is only on the strength of statement of co-accused. Admittedly, name of applicant is not mentioned in the first information report. Considering involvement of applicant as aforesaid, interim protection granted to applicant on 24/11/2016 stands confirmed with further direction to applicant to attend Police Station, Parsheoni once in six months pending trial. The criminal application is accordingly allowed.

JUDGE khj