Prashant Lagas v. The State Of Maharashtra

Mhi 1 Appeal-513-17.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 513 OF 2017 Prashant Lagas ...

Appellant Vs.

The State of Maharashtra ...

Respondent Mr.Aniket Nikam i/b. Mr. Aashish Satpute, for the Appellant Mr.A.R.Kapadnis, APP, for the State.

CORAM:

RANJIT MORE & SMT.SADHANA S.JADHAV, JJ.

DATE : 28th AUGUST, 2017.

P.C.

Heard Mr. Nikam, learned counsel for the appellant and Mr. Kapadnis, learned APP.

2.

The above Appeal is filed by the appellant-accused challenging the order dated 12.4.2017 passed by the learned Addl. Sessions Judge, Barshi, Below Exhibit-2 in Sessions Case No.23 of 2017, rejecting the bail application. On the basis of a report filed by the victim, an offence is registered at Karmala Police Station, District Solapur against the appellant for the offences punishable under Sections 376, 506 of the Indian Penal Code and under Section 3(1)(w) (II), 3(2)(5), 3(2)(va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3.

We have perused the FIR as well as the statements of the

Mhi 2 Appeal-513-17.sxw witnesses recorded under Section 161 of Cr.P.C. We have also perused the injury certificate of the prosecutrix. Considering the seriousness of the offences which are supported by the injury certificate and the fact that the appellant gave threats to the prosecutrix, inasmuch as the possibility of the appellant using muscle power and tampering with evidence is also not ruled out, we are not inclined to grant bail.

4.

Considering the above, we are of the considered opinion that no case for bail is made out. We therefore dismiss the Appeal. [SMT. SADHANA S.JADHAV, J.] [RANJIT MORE,J)