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Rahul S/O Rajendra Sable vs State Of Mah., Thr. Pso P S Gadge … on 16 August, 2019

1 aba 575.19.odt

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

Criminal Application (ABA) No.575 of 2019
(Rahul Sable V State of Maharashtra thr PSO PS Gadge Nagar,
Amravati)
————————————————————————————————————————————————
Office Notes, Office Memoranda of Court’s or Judges Order.
Coram, appearances, Court’s Orders
or directions and Registrar’s orders.
Shri P.R. Agrawal, Counsel for applicant.
Shri Dhumale, APP for State.

Coram : Manish Pitale, J.

Dated : 16th August, 2019.

Heard the learned Counsel for the applicant.

2. Issue notice returnable on 17-09-2019

3. Shri Dhumale, learned AGP waives notice on behalf of the
non-applicant State.

4. The applicant herein has approached this Court apprehending
arrest in connection with FIR dated 10-06-2019, whereby offences under
Sections 407 and Section498A of the IPC have been registered against the
applicant, his parents and his unmarried sister. While the Sessions Court
granted anticipatory bail to his parents and unmarried sister, the prayer
made on behalf of the applicant was rejected.

5. The allegation of the complainant is that the accused persons,
including the applicant herein, harassed the complainant physically had
mentally on the demand of gold ornaments. It is pointed out by the
learned Counsel for the applicant that the applicant and the complainant
had been living together in a flat in Amravati and the allegations have been
denied. A perusal of the order passed by the Sessions Court shows that

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2 aba 575.19.odt

the applicant had shown willingness to handover the gold ornaments
claimed by the complainant, which are lying in a bank locker. But, it was
noted by the Sessions Court that the applicant was also in possession of
other articles which had been allegedly given by the family of the
complainant.

6. Considering the nature of allegation made in the present case,
and the fact that the applicant has shown willingness to handover gold
ornaments and other articles claimed by the complainant, without
prejudice to his contentions, this Court is of the opinion that the ad-interim
protection can been granted.

7. Hence, in the event of arrest the applicant is arrested in Crime
no. 602 of 2019 registered at Police Station Gadge Nagar, District
Amravati, he shall be released on bail on furnishing PR Bond of
Rs.15,000/- and surety in the like amount, on the further condition that the
applicant shall handover gold ornaments claimed by the complainant as
also the LED TV, washing machine and two wheeler claimed by her to the
complainant in the presence of the Investigating Officer within a period of
one week. This shall be without prejudice to the contentions raised on
behalf of the applicant. The Investigating Officer shall prepare an inventory
of the said gold ornaments and articles. The applicant shall cooperate with
the investigation and make himself available to the Investigating Officer as
and when required. The applicant shall not tamper with the evidence or
influence the witnesses.

JUDGE

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3 aba 575.19.odt

Deshmukh

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