Sagar Punjaji Bharude v. The State Of Maharashtra

rpa 1/2 ba-606-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 606 OF 2017 Sagar Punjaji Bharude .. Applicant Vs.

The State of Maharashtra .. Respondent ......

Mr. Nitin Jadhav a/w. Mr. Dhangar, Advocate for the Applicant. Mr. Ajay Patil, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

JUNE 9, 2017.

P.C. :

This is an application for bail in connection with C.R.No. I-152 of 2016 registered with Kolsewadi Police Station, Kalyan, District - Thane for the offences punishable under Section 376 and 506 of the IPC and Section 4, 8 and 12 of the Protection of Children From Sexual Offence Act ( in short "POCSO Act").

The prosecution case is that the victim girl is aged about 6 years was taken into the house by the applicant - accused and she was molested. The act attributed to the accused amounts to an offence of rape as defined under amended Section 375 of IPC.

rpa 2/2 ba-606-17.doc Learned advocate for the applicant submits that the medical evidence does not support the version of the complainant. He further submitted that the applicant has been falsely implicated in this case.

Learned APP vehemently opposed this application. He submitted that the applicant is the neighbour and has committed the heinous crime on the minor child who is about 6 years. Considering the role attributed to the applicant, the nature of the crime committed and the medical evidence on record, I am not inclined to grant bail to the applicant. However, considering the fact that the applicant is in custody since 13th May, 2016, the trial can be expedited.

Hence, I pass the following order:

:: O R D E R ::

(i) Criminal Bail Application No.606 of 2017 is rejected;

(ii) The trial Court is directed to complete the trial within a period of six months from the date of receipt of this order;

(iii) Bail Application stands disposed of accordingly. (PRAKASH D. NAIK, J.)