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Bombay High CourtBA/282/2015bail granted

Jagdish Kini v. The State Of Maharashtra

2015-02-13Hon'Ble Shri Justice M.L. Tahaliyani2 pages

spb/ 905ba282-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. BAIL APPLICATION NO. 282 OF 2015 Jagdish Kini ... Applicant.

V/s.

The State of Maharashtra ... Respondent.

--- Mr. J.S. Kini i/by Suresh Dubey, Advocate for the Applicant. Mr. S.H. Yadav, APP for the State.

--- CORAM : M.L.TAHALIYANI,J.

DATE : 13th FEBRUARY, 2015 P.C. :

Heard learned counsel Mr. J.S.Kini for the Applicant and learned additional public prosecutor Mr. Yadav for the State.

Perused the FIR. The applicant has been in the custody for 12 days. He is 67 years old. He is staying in the same building where the victim girl was staying. The incident had occurred in the lift. It was not immediately reported to the police. Even if it is assumed for the sake of argument that the incident in question has occurred, what is required to be examined is as to whether there was a sexual intention on the part of the applicant. This obviously will be examined at the time of the trial.

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spb/ 905ba282-15.doc Hence, I pass the following order.

i.

The applicant be released on bail in sum of Rs.20,000/- (Rs.Twenty thousands) with one solvent surety in the like amount or a cash deposit of Rs.20,000/- in lieu of surety.

ii.

The applicant shall attend the office of the investigating officer as and when required till the investigation is completed.

Order accordingly.

(JUDGE) .....

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