Navin Jairam Jasuja v. The State Of Maharashtra

30. BA-752-2020.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT Date: 2021.12.10 15:23:29 +0530 CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 752 OF 2020 1] MR VIKRAMBHAI DAYABHAI PUROHIT 2] MR. AJAYKUMAR DOHARE ....Applicants.

V/s THE STATE OF MAHARASHTRA .....Respondent ALONGWITH CRIMINAL BAIL APPLICATION NO.737 OF 2020 NAVIN JAIRAM JASUJA .... Applicant.

V/s THE STATE OF MAHARASHTRA .....Respondent ---- Ms. Anjali Chitta a/w Ms Snehal Uttekar a/w Mr. Amit Singh i/b Mr. Pradeep Melkunde for the Applicant in BA/752/2020. Ms. Anjali Patil for the Applicant in BA/737/2020. Mr. M.G. Patil, APP for he Respondent/State.

API S.T. Kandalkar, Bazaarpeth Police Station, Kalyan, present. ---- CORAM: NITIN W. SAMBRE, J.

DATE: NOVEMBER 29, 2021 P.C.:- 1] All these three Applicants were arrested on 20/9/2019 in connection with C.R. No. I-215/2019 registered with Bazaarpeth Police Station, Kalyan for the offence punishable under Sections 376(d) of IPC and under Sections 3(a),(b), (c), 4, 5(g) and 6 of the POCSO Act. 1/2

30. BA-752-2020.doc 2] Perusal of the FIR and investigation papers depicts that offence is, at the most, punishable under Sections 8, 10 and 12 of the POCSO Act. There is also an issue raised as regards mode of identifying the accused persons. The maximum punishment for the offence alleged is, five years and Applicants have already suffered incarceration for more than two years.

3] In that view of the matter, prayer for grant of bail needs to be allowed.

4] Applicants are directed to be released on bail in C.R. No. I215/2019 registered with Bazaarpeth Police Station, Kalyan for the offence punishable under Sections 376(d) of the IPC and under Sections 3(a),(b), (c), 4, 5(g) and 6 of the POCSO Act on executing P.R. Bond in the sum of Rs 25,000/- each with one or more sureties in the like amount. Applicants shall neither directly or indirectly try to influence the prosecution witnesses nor tamper with the evidence. Applicants also shall not try to directly or indirectly contact the victim or her family members till conclusion of the trial. Applicants shall remain outside the jurisdiction of the concerned Police Station where victim and her family members reside till conclusion of the trial.

5] Applications are accordingly disposed of.

( NITIN W. SAMBRE, J. ) 2/2