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Bombay High CourtBA/2494/2018bail rejected

Sujit Madhukar Patil v. The State Of Maharashtra

2019-01-17Hon'Ble Shri Justice Prakash D. Naik2 pages

Sknair 919-ba-2494-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2494 OF 2018 Sujit Madhukar Patil ... Applicant Vs.

The State of Maharashtra ... Respondent ...

Ms. Anushka A. Shreshtha for the applicant.

Ms. A.A. Takalkar, APP for the Respondent-State. Mr. Ravindra Avhad, PSI, Ganeshpuri Police Station is present. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 17th JANUARY, 2019.

P.C.

1.

This is an application for bail in connection with CR No.I-74 of 2016 registered with Ganeshpuri Police Station for the offence punishable under Section 376(2)(n), 354(d), 504, 506 of Indian Penal Code read with 4, 12 of POSCO Act and Section 67(a) of Indian Technology Act.

2.

The case of the prosecution is that the applicant had physical relationship with the complainant who was minor at the time of incident. It is also alleged that objectionable nude photographs of the complainant was forwarded to the other person. The chargesheet contained the statement of witnesses and other

Sknair 919-ba-2494-18.odt documents indicating that the objectionable photographs were forwarded. Learned counsel for the applicant submits that there is discrepancy in the evidence.

3.

Learned APP submitted that so far prosecution has examined two witnesses and intends to examine 10 more witnesses. In the circumstances, no case for grant of bail is made out. Hence, I pass the following order.

ORDER

i.

Criminal Bail Application is rejected;

ii.

In the event trial is not concluded within a period of six months, applicant will be at liberty to prefer fresh application for bail.

( PRAKASH D. NAIK, J. )