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Bombay High CourtABA/102/2025disposedoff

Raju @ Rajesh Pandurang Girsawale v. State Of Maharashtra Thr. Pso, Ps, Rajura, Tah. Rajura, Dist. Chandrapur

2025-03-10Hon'Ble Justice Urmila Joshi Phalke2 pages

45-aba102.25.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) No.102 OF 2025 (Raju @ Rajesh Pandurang Girsawale Vs. State of Maharashtra, through PSO ) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A.A. Dhawas, Advocate for applicant.

Mr. M.K. Pathan, APP for non-applicant.

CORAM : URMILA JOSHI-PHALKE, J.

DATE : 10 th MARCH, 2025.

1.

Apprehending the arrest at the hands of Police in connection with Crime No.45/2025, registered with Police Station Rajura, District Chandrapur, for the offence punishable under Section 105 of the Bharatiya Nyaya Sanhita, 2023, the applicant approached to this Court for grant of pre-arrest bail.

2.

Heard learned counsel for the applicant, who submitted that the death of the deceased is caused due to the electric current which was erected at the boundary of the agricultural field of the present applicant to protect the field. As far the intention or negligence is concerned there is no intention to cause the death of the deceased. The applicant has already co-operated with the Investigating Agency. Necessary materials or articles are already seized from the agriculture field. Thus, custodial interrogation is not necessary.

3.

Learned A.P.P. strongly opposed the

45-aba102.25.odt 2/2 application on the ground that considering the nature of offence his custodial interrogation is required. In view of that, the prayer for grant of anticipatory bail deserves to be rejected.

4.

On hearing learned counsels of both sides and on perusal of the recitals of the F.I.R. and the investigation papers it reveals that the applicant has co-operated with the Investigating Agency. The incriminating articles are already seized. The death of the deceased is due to the electric shock. Considering the nature of offence, ad-interim protection granted to the present applicant deserves to be confirmed. Therefore, I proceed to pass following order :

O R D E R

(i) The ad-interim protection granted to the present applicant by order dated 20.2.2025 is hereby confirmed, subject to the condition that the applicant shall attend the concerned Police Station once in a week on Monday between 10.00 a.m. to 1.00 p.m. and shall co-operate with the Investigating Agency. (ii) The applicant shall not induce, threat or promise any witnesses, who are acquainted with the facts of the case.

5.

The application is disposed of.

(Urmila Joshi-Phalke, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 13/03/2025 11:53:16