Bombay High Court
Avdhesh Kumar S/O. Mahavirprasad ... vs The State Of Maharashtra on 31 January, 2022
Author: R.G. Avachat
Bench: R.G. Avachat
7-APPLN-362-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 362 OF 2022
Avdhesh Kumar Mahavirprasad Sharma ..APPLICANT
VERSUS
State of Maharashtra ..RESPONDENT
....
Mr. R.S. Deshmukkh, Senior Advocate i/b Mr. D.R. Deshmukkh, Advocate for
applicant
Mr. R.B. Bagul, A.P.P. for respondent - State
....
CORAM : R.G. AVACHAT, J.
DATED : 31st JANUARY, 2022
PER COURT :
1. This is an application under Section 482 read with Section 483 of
Code of Criminal Procedure ("Cr.P.C."). The applicant hereby seeks interim
bail in connection with Crime No. 380 of 2021 registered with Vazirabad
Police Station, Dist. Nanded for the offences punishable under Sections 498A,
354, 323, 504, 506 read with Section 34 of the Indian Penal Code.
2. Heard. Perused the First Information Report ('F.I.R.') and the
documents relied on.
3. Learned A.P.P. justifies the order impugned herein. According to
him, the trial Court is going to consider the applicant's prayer for bail
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tomorrow itself. According to him, custody of the applicant is required. The
applicant had already been arrested. He, therefore, urged for rejection of the
application.
4. The applicant herein is eighty years of age. His son married a girl
from Nanded. The F.I.R. came to be registered against him and other family
members at the instance of his daughter-in-law with the police station in
Nanded for the above referred offences. The Maharashtra Police went to the
native of the applicant in the State of Rajasthan and arrested him. Since the
learned Chief Metropolitan Magistrate, Jaipur did not grant the applicant
herein relief, writ petition came to be moved to the High Court of Rajasthan,
Bench at Jaipur. The High Court, on 04 th January, 2022, modified the order
of the learned Chief Metropolitan Magistrate, Jaipur and directed that the
applicant herein shall not be arrested in the matter until 31 st January, 2022.
The applicant was given liberty to exercise his legitimate rights, be it under
Section 438 of 482 of the Cr.P.C. or of criminal writ.
5. Thereafter, the applicant appeared before the in-charge Chief
Judicial Magistrate, Nanded and urged for extension of time to surrender.
His application came to be rejected on 21st December, 2021. The applicant
moved an application for bail. Learned Chief Judicial Magistrate, Nanded
passed the following order on the application for bail :-
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"Hon'ble High Court of Rajasthan has granted interim protection to
accused till 31.1.22 in S.B. Cri. Misc. Petition 852/2021 vide order
dated 4.1.2022. Copy of order is annexed. Ld. APP & I.O.
submitted they need custody of accused for interrogation. In view
of order of Rajasthan High Court accused cannot be arrested till
31.1.2022. The accused applicant is not arrested. He is not in
custody. He has not stated in this application whether he wants to
surrender to the custody of this court. Offences u/s. 498-A & 354
are not bailable. Hence considering interim protection granted by
Rajasthan High Court hearing of application is deferred till
1.2.2022."
6. The applicant is eighty years of age. Considering the nature of
offence alleged to have been committed by the applicant herein, this Court is
inclined to grant him interim bail (regular). Hence the following order :-
ORDER
(i) Till 21st February, 2022, the applicant be released on bail, in connection with Crime No. 380 of 2021 registered with Vazirabad Police Station, Dist. Nanded for the offences punishable under Sections 498A, 354, 323, 504, 506 read with Section 34 of the Indian Penal Code on executing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety in the like amount.
(ii) Learned Chief Judicial Magistrate, Nanded is directed to decide the application moved by the applicant herein for bail on it's own merits within a couple of weeks from the date of receipt of copy of this order.
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(iii) Parties to act upon the authenticated copy.
(iv) Criminal application stands disposed of accordingly.
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