Shripad Anant Ghole v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.502 OF 2018 Shripad Anant Ghole ...Applicant

Versus

State of Maharashtra

...Respondent

Mr.S.S.Musale, for the Applicant.

Ms.A.A.Takalkar, A.P.P for the Respondent-State. PSI - Ms.Rajshree Patil, Dahisar Police Station. CORAM : REVATI MOHITE DERE, J.

DATE : 21st MARCH, 2018 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the Applicant seeks his enlargement on bail in connection with C.R.No.637 of 2017 registered with the Dahisar Police Station, Mumbai, for the alleged offences punishable under Section 354(B) of the Indian Penal Code and under Sections 8 and 12 of Protection of Children from Sexual Offences Act.

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Perused the charge-sheet. According to the prosecution, the applicant, aged 19 years, had touched the victim girl, aged 6 years inappropriately, when he had gone to visit the victim's friend's house. The main allegation as against the applicant is that he touched the victim girl inappropriately, pursuant to which, the aforesaid complaint was lodged by the victim's mother. The applicant is in custody since December, 2017. Investigation is complete and charge-sheet is filed. The minimum sentence that can be imposed for the offences alleged is 3 years with a maximum of 7 years.

4.

In the peculiar facts and circumstances of this case, the application is allowed and the applicant is enlarged on bail on the following terms and conditions:-

ORDER

i) The Applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount; ii) The Applicant shall attend the concerned Police Station, on the first Sunday of every month, between 10:00 a.m. to 11:00 a.m., till the

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iii) The Applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the trial Court as well as to the concerned Police Station, in writing; iv) The Applicant shall not enter the jurisdiction of Dahisar Police Station, till the conclusion of the trial, except for the purpose of attending the police station, as mentioned in clause (ii); v) The Applicant shall not tamper with the evidence or attempt to influence/contact the complainant, witnesses or any person concerned with the case;

vi) The Applicant shall co-operate in the conduct of the trial; vii) An undertaking to the aforesaid clauses (ii) to (vi), shall be filed by the Applicant, in the Registry of the trial Court, within two week's of his

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viii) If there are 2 consecutive defaults either in attending the Police Station or in appearing before the trial Court, the prosecution will be at liberty to apply for cancellation of Applicant's bail. 5.

The Application is allowed and disposed of in above terms. 6.

It is made clear, that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 7.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)