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Bombay High CourtBA/2202/2018others disposed off

Maruti Khushaba Sonawane v. The State Of Maharashtra

2018-08-31Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 902 BA2202.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2202 OF 2018 Maruti Khushaba Sonawane ....Applicant V/s.

The State of Maharashtra ....Respondent Mr. Ganesh Bhujbal for the applicant.

Ms. Pallavi N. Dabholkar, APP for the State.

Mr. Manik Doke, Police Sub Inspector, Hadapsar Police Station, Dist. Pune, present.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 31th AUGUST, 2018.

P.C.:

.

This is an application for bail under Section 439 of Criminal Procedure Code filed by the aforesaid applicant, who has been arrested in C.R.No.132/2018 registered at Hadapsar Police Station, District Pune for offences punishable under sections 376(2)(f)(i) of the Indian Penal Code and sections, 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012.

2.

Heard Mr. Ganesh Bhujbal, learned counsel for the applicant and Ms. Pallavi N. Dabholkar, learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties.

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P.H. Jayani 902 BA2202.18.doc 3.

The afore stated crime was registered pursuant to the first information report lodged by the mother of the victim. The first information report prima facie reveals that on 03/02/2018, the applicant who is a grand father of the victim, had sexually abused her. It is further alleged that when the first informant had questioned the applicant about the said incident, he had assaulted her with kicks and blows. The statement of the victim as well as the medical evidence prima facie supports the case of the prosecution. The material on record prima facie indicates that the applicant who is about 67 years of age had sexually abused his grand daughter who is barely 06 years of age. The offence is of the serious nature. Furthermore, considering the relationship between the applicant, first informant and the victim, releasing the applicant on bail will hamper the trial. 4.

Considering the above facts and circumstance, the applicant is not entitled for bail. Hence, Bail Application is dismissed. (SMT. ANUJA PRABHUDESSAI, J.) 2/2