Munna Mohammad Miyan Sayyed v. The State Of Maharashtra

1/6 BA-462-2020(sr.13)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 462 OF 2020 Munna Mohammad Miyan Sayyad .Applicant ...

V/s.

The State of Maharashtra .Respondent ...

* * * * Mr. Salman Anwar Khan i/by. Mr. Rehan Khan, Advocate for the applicant.

Ms. Veera Shinde, APP for State.

CORAM : SANDEEP K. SHINDE, J.

Friday, 4 th September, 2020.

P.C . :

1.

Heard learned Counsel for the applicant and learned APP for State.

2/6 BA-462-2020(sr.13) 2.

It is an application under Section 439 of the Criminal Procedure Code seeking bail in connection with Crime No.400/2018 dated 9.10.2009 registered with Narpoli Police Station, Bhiwandi for the offences punishable under Sections 363, 276(3), 506(2) of the Indian Penal Code and Sections 3, 4 and 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act for "

"

short).

3.

The applicant came to be arrested on 7.10.2018. Investigation in the case is over and the chargesheet has been framed. I have perused the chargesheet.

At the outset, it may be stated that the victim survivor had never been to School and therefore panel of doctors, opined her age in October, 2018 was 17 to 18 years. In view of this, it is not

3/6 BA-462-2020(sr.13) necessary to issue notice under Section 439(1A) of Criminal Procedure Code.

6.

Victims statement recorded '

under Section 164 of the Code suggests that she voluntarily accompanied the applicant to his native place at Uttar Pradesh and submitted to his physical desire. Thus, taking into consideration, the age of the applicant and her narration under Section 164 of the Criminal Procedure Code, it is to be presumed that on the date of the alleged incident, victim had mental capacity to know what she was doing. In this case, investigation is over and the final report has been filed. The trial may not commence in the near future. However, applicants presence for trial can be '

secured by imposing conditions. The

4/6 BA-462-2020(sr.13) application is allowed and hence the following order :

O R D E R

(i)The applicant arrested in Crime No. 400 of 2018 registered with Narpoli Police Station, Bhiwandi, he shall be released on executing PR bond for the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) with one or more sureties in like sum.

(ii) In view of outbreak of Covid-19 pandemic, applicant is permitted to furnish cash bail and same shall remain in force for a period of three months.

(iii) It is made clear that, before expiry of three months,

5/6 BA-462-2020(sr.13) applicant shall furnish sureties as directed hereinabove.

(iv) The applicant shall report on first Monday of each month commencing from October, 2020 between 11:00 to 1:00 p.m.

till the charge is framed.

(v) The applicant shall furnish particulars of his permanent residential address and contact details to the Investigating Officer within seven days from his release from jail.

(vi) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

6/6 BA-462-2020(sr.13) 7.

The application is accordingly allowed and disposed of.

8.

It is made clear that observations made hereinabove be construed as expression of opinion only for the purpose of granting bail and the same shall not in any way influence the trial in other proceedings.

(SANDEEP K. SHINDE, J.) Neeta S.

Sawant Digitally signed by Neeta S.

Sawant Date:

2020.09.05 12:22:49 +0530