Bombay High CourtABA/831/2016allowed

Akash S/O. Prakash Tembhurne v. State Of Maharasahtra Thr. Sadar Police Station Nagpur

2017-06-09Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba831.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 831 OF 2016 (AKASH S/O PRAKASH TEMBHURNE...VS.. STATE OF MAH. THR. P.S.O. PS SADAR, DISTT.NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None for the applicant.

Shri A.M.Deshpande, A.P.P. for Non-applicant. CORAM : Z.A.HAQ, J.

DATED : JUNE 09, 2017.

Heard Shri. A. M. Deshpande, learned A. P. P. for the non-applicant.

The applicant apprehending arrest in crime registered against him for the offences punishable under Sections 395, 323 and 427 of the Indian Penal Code has sought pre-arrest bail.

According to the Investigating Agency, a group of 20-22 unknown persons entered the Cafe and claimed to belong to "Bhim Sena" and damaged Television set, 2 Refrigerators, 2 A. C., Plastic Chairs, Glass Table, Music System and Window Glasses, objecting the display of portrait of Lord Budha in the Cafe. According to the Investigating Agency, during the investigation and after examining CCTV footage, the presence of applicant is also found. Applicant claims to be 23 years old and student of B.Com. Computer Application 1st Year. Applicant claims that

2 aba831.16 he is not involved in any other crime/offence. The applicant is granted interim protection by this Court by order passed on 22nd December, 2016. The Investigating Agency has not made any complaint that the applicant has misused the interim protection.

Considering the facts of the case, in my view, the interim protection granted by the order passed on 22nd December, 2016 is required to be confirmed. The interim order is confirmed and thus, application is allowed accordingly.

JUDGE PB Patil.