Rajusing Amarsing Rathod v. State Of Maharashtra Thr. Police Station Officer, Police Station Washim (Rural) Washim

1301aba833.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.833 OF 2016 (Rajusing Amarsing Rathod 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 P.S. Patil, Advocate for applicant.

Shri S. Sirpurkar, Additional Public Prosecutor for respondent.

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

DATED : JANUARY 13, 2017 Heard learned Counsel for both sides.

This application is for bail before arrest in Crime No.343/2016 registered under Section 506 of Indian Penal Code and Section 3(1)(r) and (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Shri Patil, learned Counsel for applicant, submits that applicant is falsely involved by complainant due to applicant's lodging of report on 27/11/2016, by lodging her report subsequently on 5/12/2016. It is submitted that applicant and complainant are neighbours having adjoining fields. As complainant was found to have obtained electric connection illegally and without permission of Maharashtra State Electricity Board, report was lodged by applicant as per Annexure-2 to the application.

Applicant has thus filed report on 27/11/2016 as aforesaid, on the strength of which

1301aba833.16 2/2 offences are registered under Sections 323, 504 and 506 of Indian Penal Code. From the report dated 5/12/2016 it is revealed that applicant on 27/11/2016 had quarrelled with complainant. In any event, incident reported by complainant on 5/12/2016 is of 27/11/2016, of which report is already given by applicant. It is, therefore, prima facie noted that applicant is falsely involved subsequently. In that view of the matter, interim protection is liable to be confirmed as per order below :

Interim protection granted to applicant on 19/12/2016 stands confirmed on the same terms and conditions. Applicant is, however, directed to attend Investigating Officer, if called, till filing of the chargesheet. The criminal application is accordingly allowed. JUDGE khj