Nagpur – Justice Manish Pitale while hearing the matter through video conferencing has given interim protection from arrest to Majeed Khan Natthe Khan R/o Alegaon Tah Patur DIst Akola in a plea for grant of anticipatory bail.
Majeed Khan was apprehending his arrest in offence registered with PS Channi Dist Akola for punishable under sec 304 201, 34 of IPC Vide Crime No 116/ 2020.
The case of prosecution is that, informant who is wife of deceased Sandip Ingle has lodged the report with PS Channi that, on 12-04-2020, accused Deepak Tulshiram Shrinath had been to her home and asked her husband to come for fishing. It is alleged that, whne Sandip had refused to come, Deepak Tulshiram Shrinath took him forcibly for fishing. It is alleged that, at about 5 pm, Deepak Tulshiram Shrinath came running to house of informant and told her that, her husband is lying unconscious. It further alleged that, when informant had been to the Golegaon River, her husband was lying dead. It is alleged that, accused Deepak Tulshiram Shrinath had thrown electric current in the water of river while her husband was fishing and therefore her husband has died as a result of shock. It is alleged that, Majeed and Juber have taken deceased out of the water and kept him on the riverbed.
As Majeed was apprehending his arrest therefore he had applied for anticipatory bail before the Hon’ble Sessions Court, Akola. It is submitted that, Hon’ble Sessions Court, vide order dated 19-05-2020 was pleased to reject the application.
It was submitted that, complainant is not an eye witness to the incidence and it is only due to political rivalry names of applicant has been added as accused.
It was further stated that, in the recent past, there were elections of panchayat samitee and Zilla Parishad. That, family of applicant and complainant have campaigned for different political parties and due to political rivalry, applicant has been named as accused.
It was further stated that, initially after finding of dead body AD (Merg) 13/2020 was registered and spot panchnama was effected by police. It is submitted that, at the said time, no such complaint was filed by complainant. Further there is delay of 12 days in lodging FIR which itself raises doubt about case of prosecution.
Adv Mir Nagman Ali appeared for Majeed Khan.