Akshay Jitendra Dulgach v. The State Of Maharashtra

1 32.1063.18 ba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1063 OF 2018 Akshay Jitendra Dulgach .....Applicant V/s.

The State of Maharashtra .....Respondent Mr. Ghansham S. Jadhav for the Applicant Mr. A. R. Kapadnis APP for the State K. N. Sonawane, PSI, Goregaon Police Station CORAM : NITIN W. SAMBRE, J.

DATE :

19th NOVEMBER, 2018.

P.C.

In crime no. 662 of 2017 registered with Goregaon Police Station, punishable under Section 354, 506 (1) of the Indian Penal Code and Sections 8 & 12 of the Protection of Children from Sexual Offences Act (POCSO), the Applicant came to be arrested on 09/12/2017.

After the Applicant was subjected to custodial interrogation, chargesheet is already filed in the matter. The perusal of the charge-sheet reflects that the victim girl so also two witnesses in categorical terms supported the

2 32.1063.18 ba.doc case of the prosecution.

The offence under Section 8 & 12 of the POCSO is punishable maximum upto 5 years so is offence under Section 354 of the Indian Penal Code.

The Applicant is already in custody for almost one year. That being so, in my opinion, the application needs to be allowed. The Applicant be released in crime no. 662 of 2017 registered with Goregaon Police Station for offence punishable under Sections 354, 506 (1) of the Indian Penal Code r/w Sections 8 & 12 of the POCSO Act upon executing P.R. Bond of Rs. 15,000/- with two sureties in the like amount. The Applicant shall not influence or tamper the evidence. Till the conclusion of the trial, the Applicant shall not enter the jurisdiction of the Respondent Police Station. The Application is allowed accordingly.

[NITIN W. SAMBRE, J.]