1 Cri.B.A.No.374/22­Ex.1

Order below Exh.1 in Cri. Bail Application No. 374/ 2022

1. Sharad Ramu Medhe … Applicant Accused.

Vs.

The State of Maharashtra through PI Trimbak Police St. .. Respondent. (Cr. No. I 46/2022)

Order below Exh. 1

1.This application has been filed by the applicants/accused under section 438 of Cr.P.C. for releasing him on anticipatory bail in Crime. No.I 46/2022 registered at Trimbakeshwar Police Station for the offences punishable under sections 395 & 397 of the Indian Penal Code. Accordingly, interim protection was granted to the applicant on 19.03.2022 by this Court till filing say by the Opponent.

2.According to the prosecution case, the complainant lodged report on 16.03.2022 alleging therein that applicant alongwith co­accused had assaulted him with wooden logs and also robbed gold chain worth of Rs.55,000/­. He lodged FIR against the applicant and others and the applicant is apprehending his arrest at the hands of the Police.

3.The ld. Counsel Mr. R.J.Kasliwal submitted that the applicant is innocent and has not committed any offence. He further submitted that the cross­cases are filed against each other and parties have already reached to the compromise.

Considering the nature of offence and as settlement have arrived at between the parties, he prayed for interim protection.

4.The investigating officer has opposed the application by filing reply at Exh.7 and submitted that muddemal is yet to be recovered. The investigation is at its initial stage. Custodial interrogation is necessary. Hence, prayed for rejection of the application.

The ld. APP Smt. Jadhav has argued in the same line of submissions made by the investigating officer and prayed for rejection of the application.

The original complainant appeared through ld. Counsel Shri A.K.Kale and filed his affidavit vide Exh.9 and submitted that the complaint is filed due to misunderstanding and he has no grievance against the applicant.

5.After hearing both the sides and on perusal of case papers, it appears that the counter cases are filed by both the parties against each other. Both parties have settled their dispute and the complainant has also filed his affidavit to that effect on record. So, considering the nature of dispute, I am inclined to confirm the interim protection granted to the applicant on 19.03.2022 subject to same conditions.

ORDER
1/­ Application Exh.1 is hereby allowed.

2/­ Interim protection granted to applicant on 19.03.2022 is hereby confirmed subject to same conditions.

Inform concerned Police Station accordingly.

Digitally signed NAIR by NAIR SANDHYA SANDHYA SUNIL SUNIL Date: 2022.03.30 ( Smt. S.S. Nair ) 17:01:16 -0600 Date : 30.03.2022. Addl. Sessions Judge ­4, Nashik.