Mumtaz Rawabbali Khan @ Munna Rawabali Khan v. The State Of Maharashtra

IRESH SIDDHARAM MASHAL Date: 2021.12.10 11:29:40 +0530 IRESH SIDDHARAM MASHAL 35.982.20 BA.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 982 OF 2020 MUMTAZ RAWABBALI KHAN @ MUNNA ....APPLICANT RAWABALI KHAN V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT Mr. Bharat Bhatia for the applicant Mr. M. G. Patil APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE:

DECEMBER 9, 2021.

P.C.:

1] Applicant is seeking regular bail in C.R. No. 725/2018 registered with Manpada Police Station for Offences punishable under Sections 376(2)(i)(j), 380, 452, 506 of the Indian Penal Code and Section 8 & 12 of Protection of Children from Sexual Offences Act, 2012.

2] Applicant has suffered incarceration for more than two and half years.

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35.982.20 BA.doc 3] I have perused the investigation papers. Narration in the F.I.R. speaks of presence of victim girl alongwith her sister, two maternal uncles in the very same room when the case of sexual assault took place. The offence punishable under Section 8 & 12 is punishable with maximum punishment of 5 years. Applicant has already undergone more than two and half years' incarceration. As such, case for bail is made out.

(i) Applicant be released on bail in C.R. No. 725/2018 registered with Manpada Police Station for Offences punishable under Sections 376(2)(i)(j), 380, 452, 506 of the Indian Penal Code and Section 8 & 12 of Protection of Children from Sexual Offences Act, 2012. upon furnishing P.R. bond in the sum of Rs. 5,000/- with one or more sureties in the like amount. (ii) Applicant shall neither influence the witnesses nor tamper with evidence in any manner. 4] Application stands disposed of.

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