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Bombay High CourtABA/712/2018allowed

Devanand Ramesh Khirkar v. State Of Maharashtra Thr. P.S.O. Akot P.S. (Gramin)

2018-10-12Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba712.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.712 OF 2018 (DEVANAND RAMESH KHIRKAR...VS.. STATE OF MAH. THR. PSO PS AKOT, DIST. AKOLA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S.Wandile, Advocate for Applicant.

Shri S.S.Doifode, A.P.P. for Non-applicant/State. CORAM : Z.A.HAQ, J.

DATED : OCTOBER 12, 2018.

Heard.

Apprehending arrest in connection with Crime No.296 of 2018, registered by the non-applicant against two persons (including the applicant) for the offences punishable under Sections 341, 384, 385 and 504 read with Section 34 of the Indian Penal Code, the applicant seeks pre-arrest bail. Crime is registered on the complaint lodged by the informant that the applicant is habitual in demanding money from him to buy liquor, that earlier the informant had given money to the co-accused Ramesh on couple of occasions, however, on 7th September 2018 when the accused again demanded money the informant refused and therefore, the accused abused the informant.

The application is opposed on various grounds, one of it being that Crime No. 3002 of 2012 for the offences punishable under Sections 294, 504 and 506 of the Indian Penal Code and another Crime (M) No. 3064 of 2011 for the offences punishable under Sections 294 and 506 read with Section 34 of the Indian Penal Code are registered against the applicant/accused.

2 aba712.18 The learned advocate for the applicant submitted that the prosecution in Crime No.3064 of 2011 has culminated in acquittal of the applicant.

Be that as it may, considering the facts of the case, nature of the accusations against the applicant and as the non-applicant has not been able to show that custodial interrogation of the applicant is necessary, following order is passed:

In the event of arrest in connection with Crime No.296 of 2018, registered by the non-applicant, the applicant be released on bail on executing P.R. Bond for Rs. Twenty Thousand and furnishing one solvent surety in the like amount.

The applicant shall attend Police Station, Akot(Rural), District : Akola on every Tuesday and Thursday between 11.00 a.m. and 3.00 p.m. from 16th October, 2018 till chargesheet is filed.

The application is allowed in the above terms. JUDGE RRaut..