Bombay High Court
Amol S/O Dayaram Jadhav vs State Of Mah. Thr. Its S.D.P.O./ ... on 28 September, 2021
Bench: V. G. Joshi
1 28 appeal 171-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPEAL NO. 171 OF 2021
Amol S/o Dayaram Jadhav,
Aged about 45 years, Occ. Service,
R/o. Nirmal Apartment,
Mangalmurti Nagar Part-II,
Wadgaon, Yavatmal, Tq. Yavatmal,
District - Yavatmal.
.... APPELLANT
// VERSUS //
1. State of Maharashtra,
Through its S.D.P.O./Police
Station Officer, Police Station,
Awadhutwadi, Yavatmal, Tq. &
Distt. Yavatmal.
2. Rushali Sandip Gaikwad,
Aged about 31 years, Occ. Household,
R/o. Mangalmurti Nagar,
Nirmal Apartment, Arni Road,
Yavatmal, Tq. & Distt. Yavatmal
.... RESPONDENTS
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Shri R.J. Shinde, Advocate for Appellant
Shri S.D. Sirpurkar, A.P.P. for respondent No.1/State
None appears for respondent No. 2 though served
----------------------------------------------------------------------------------------------
CORAM : VINAY JOSHI. J.
DATE : 28/09/2021
ORAL JUDGMENT
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Heard.
2. Admit.
3. Applicant is seeking pre-arrest protection in
Crime No. 296/2021, registered with Police Station
Awadhutwadi, District - Yavatmal, for the offences punishable
under Sections 354, 354-A, 341 and 294 of the Indian Penal
Code and Sections 3(1)(w)(i) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989.
4. The State has resisted bail by filing reply
affidavit.
5. It is the prosecution case that on 25/03/2021
around 4.30 pm., the applicant has wrongfully restrained the
informant in parking slot, abused and embraced her. The
learned Counsel for the applicant would submit that the
incident as narrated is totally false, as at the relevant time,
applicant who is a teacher was at his working place. He would
submit that the informant is a quarrelsome lady who has also
filed Police reports against her own husband and father-in-
law. The copy of said NC report is produced on record.
Further the applicant has filed copy of another NC report
similarly filed by informant against her own father. Besides
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that applicant has produced a copy of report lodged by all flat
owners putting grievance against the informant lady. Precisely,
it is contended that the informant is in habit of filing various
false reports and therefore all flat holders have also filed
complaint against her.
6. It is submitted that the contents of First
Information Report nowhere discloses that the applicant has
intentionally touched the informant lady. Learned A.P.P. is
unable to point out statements of any witnesses who have
seen the occurrence or heard the alleged abuses. The
applicant's submission that at the relevant time he was at
School is supported by a certificate issued by School
Authority.
7. Prima facie it appears that there is no supporting
material and therefore the applicants submission about false
implication cannot be ruled out in context with the
documents produced on record. Nothing is to be seized at the
instance of applicant. There is no complaint that applicant has
misused the liberty during the period when the applicant was
on interim protection.
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8. Applicability of the provisions of Special Act is
matter for consideration. Having regard to all these facts,
applicant's liberty can be protected by imposing certain
conditions. In view of that the following order.
ORDER
(i) Application is allowed and disposed of.
(ii) The impugned order dated 05/04/2021 passed by the
learned Additional Sessions Judge, Yavatmal in Criminal Bail
Application No.95/2021 at Exh.1, is hereby quashed and set
aside.
(iii) Ad-interim order dated 12/04/2021, passed by this
Court is hereby made absolute on same terms and conditions.
(iv) The applicant shall continue to attend Police Station till
filing of charge-sheet.
JUDGE
J.Pethe..
