Zulfiqar Safdar Mirza v. The State Of Maharashtra

Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1328 OF 2018 Zulfiqar S. Mirza vs. The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Ayyaz Khan for the Applicant.

Mrs.J.S.Lohokare,APP for the State.

CORAM : A.S.GADKARI, J.

DATE : 20th June, 2018 P.C.

1.

This is an application under Section 439 of the Code of Criminal Procedure for bail in CR No. 84/2018 registered with Dongri Police Station, Mumbai under Sections 341 of the Indian Penal Code read with Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

2.

It is the prosecution case in nut shell that, on 13.4.2018 and 15.4.2018 in a religious function the applicant who is the uncle of the friend of the victim minor Page-1/3

boy, touched him inappropriately. The victim boy was aged about 12 years on the date of incident. The victim boy thereafter informed the said fact to his mother and in furtherance thereof the present crime is registered. 3.

During the course of investigation, the applicant came to be arrested and after completion of investigation the police have submitted charge sheet. The investigation in the present crime is completed.

4.

After taking into consideration the allegations made against the applicant and the fact that the investigation in the present crime is already completed, the applicant can be released on bail by imposing stringent conditions. Hence, the following order.

a) The applicant be released on bail in CR No. 84/2018 registered with Dongri Police Station, Mumbai on his furnishing PR bond of Rs.25,000/-with one or two solvent local sureties in the like amount.

b) After his release from Jail, the applicant shall not enter the jurisdiction of Dongri Police Station except for marking his presence as directed hereinafter. Page-2/3

c) Before his release from Jail the applicant shall furnish documents pertaining to his prospective residence with the Dongri Police Station.

d) After his release from Jail the applicant shall attend the Dongri Police Station on every alternate Monday initially for a period of six months between 11.00 a.m. to 1.00p.m. and shall mark his presence and thereafter withdraw himself from the jurisdiction of Dongri Police Station immediately.

e) The applicant shall attend all the dates before the Trial Court unless precluded on medical reasons. f) Any two consecutive defaults in complying with the aforestated conditions will attract the provisions of cancellation of bail.

g) The applicant shall not tamper with the evidence and /or pressurize the prosecution witnesses. h) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Page-3/3