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Avinash S/O. Mohan Ingole vs State Of Maharashtra Thr. Police … on 10 February, 2020

1 aba888.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 888 OF 2019
Avinash s/o Mohan Ingole .Vs. State of Maharashtra, through PSO, PS, Old
City, Akola, Tq. and Dist. Akola
__
Office Notes, Office Memoramda of Coram,
appearances, Court’s orders of directions Court’s or Judge’s orders.
and Registrar’s Orders.
Mr. S.V. Sirpurkar, Advocate for applicant.
Mr. M.K. Pathan, Advocate for non applicant-State.

CORAM : V. M. DESHPANDE, J.
DATED : FEBRUARY 10, 2020.

Heard Mr. S.V. Sirpurkar, learned counsel for the
applicant and Mr. M.K. Pathan, learned Additional Public
Prosecutor for non applicant-State. Also perused the reply
filed on behalf of the prosecution.
The applicant is apprehending his arrest in
connection with Crime No.131/2019 registered with Police
Station, Old City, Akola for an offence punishable under
Sections 306, 307 and 498A of the Indian Penal Code.
Deceased Prajakta was married with the applicant
on 23.08.2017. According to prosecution, applicant used to
harass the deceased after 5 to 6 months of marriage and
therefore an amount was paid to the applicant for
purchasing the agricultural field.
It is not in dispute that Prajakta committed
suicide at Akola and when suicide was committed by the
deceased the applicant was discharging his duty at Army
Camp, Pune. According to the prosecution, on 20.03.2019,

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applicant made phone call to the deceased and on the same
day itself she has committed suicide.
On 27.12.2019, the Vacation Court has granted
interim protection in favour of the applicant with an
observation that in the event if the investigating officer
requires the presence of the applicant, the investigating
officer will give appropriate notice to the applicant after
which the applicant shall apply for leave from his employer
i.e. the Indian Army and attend the investigating officer.
Mr. Pathan, learned Additional Public Prosecutor
on the instructions given to him by Mr. Sujit Uday Kamble,
investigating officer who is present in the Court makes a
statement that after the interim order was passed by this
Court the investigating officer did not give any notice to the
applicant that he shall remain present before him. He also
makes a statement that in fact the applicant has already sent
his cellphone through registered post which is duly received
by the investigating officer and accordingly the investigating
officer has obtained CDR report of the said cellphone.
Mr. Pathan, learned Additional Public Prosecutor
further submits that in view of aforesaid, the investigating
officer did not issue notice to the applicant that he shall
attend the police station.
In view of the aforesaid, it is made clear that
custodial presence of the applicant is not required by the
investigating officer. Consequently, I pass the following
order:

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ORDER
(i) The application is allowed.
(ii) In the event of arrest in connection with Crime

No.131/2019 registered with Police Station, Old City, Akola
for an offence punishable under Sections 306, 307 and 498A
of the Indian Penal Code, applicant – Avinash s/o Mohan
Ingole be released on bail on he executing P.R. bond in the
sum of ₹10,000/- with one solvent surety in the like
amount.

(iii) It is made clear that till filing of the charge-sheet
if the investigating officer requires presence of the applicant
in the police station, the investigating officer shall give clear
cut seven days prior notice to the applicant so that applicant
will obtain leave from his employer i.e. the Indian Army.

The application is disposed of.

JUDGE

srwagh

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