1 CR.APL NO.4720/2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 920. APPLN/4720/2010 TATYARAO MADHAVRAO SAGAVE [Criminal] V/S THE STATE OF MAH AND ORS -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Sandeep B.Gorde Patil, Adv., for the applicant. Mr.N.B.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:24/3/2011 1. The accused/applicant, a teacher, seeks pre-arrest bail in Crime No. 240/2010, for an offense under Sections 394, 365, 342, 504 & 506 of IPC. 2. On 23rd Nov.,2010, by way of ad interim relief, the applicant was directed to be released on bail in the event of arrest on furnishing of bail bond in the sum of Rs.15,000/- (Rs. fifteen thousand). The matter was adjourned to 9th Dec.,2010, however, thereafter, it did not reach Board till today. 3. Reading the statement of Assistant Education Officer Shingare, I find the accused/applicant, a teacher, felt 2 CR.APL NO.4720/2010 aggrieved by the grievance raised by the complainant's wife, another teacher, against over-age of the applicant and illegal appointment in the institution. Hearing was scheduled before the Education Officer Joshi who too heard the commotion. Indeed, he had seen the complainant Sudhir Palle, husband of the teacher. The investigation reveal that bond of Rs.100/- was purchased in the name of the complainant but the signature appears to have been made by the applicant Sagave. The investigator has to carry investigation, collect the relevant papers and also to have specimen signatures. The manner in which the complainant was assaulted, cannot be said to be a concoction to avoid any employment to the accused/applicant. Even if he is a teacher, he has, apparently, crossed limits of discipline and outraged the situation. In such event, discretion in terms of Section 438 of Cr.P.C. is not admissible. The interim protection dt. 23.11.2010, is terminated. Application rejected. (K.U.CHANDIWAL) JUDGE AGP/4720-10crapl