Sabhapati Chabinath Bind v. The State Of Maharashtra

Najeeb 1/2 6.BA-3074-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3074 OF 2019 Sabhapati Chabinath Bind Applicant ...

V/s.

The State of Maharashtra

...Respondent

**** Mr. Ashok M. Chopra, Advocate for the applicant. Ms. P.P. Shinde, APP for Respondent-State.

CORAM :

CORAM : SANDEEP K. SHINDE, J.

SANDEEP K. SHINDE, J.

Thursday, 27 Thursday, 27th th February, 2020.

February, 2020.

P.C. :

P.C. :

1.

Heard.

2.

It is the case of prosecution that both the minor victims were allegedly sexually assaulted by their relative, as could be seen from the narration recorded by the Medical Officer while examining them. The report was filed by N.G.O. on 04th October, 2018 and thereafter the statements of victims came to be recorded under Section 164(5) of the Code of Criminal Procedure, 1973 (Cr.P.C. for short). "

"

3.

I have perused the statements of both the

Najeeb 2/2 6.BA-3074-2019 victims. Prima facie, nothing has been pointed out by the applicant to disprove the present evidence. Though the medical evidence is not prima facie supporting the prosecution as stated herein above, at this stage, I have no reason to disbelieve the statements of the victims, who are siblings.

4.

Investigation is over and final report has been filed and the applicant is in the custody since October, 2018.

5.

In view of the narration in the statements of the victims as stated above and recorded under 164(5) of Cr.P.C., the bail application is rejected, however, trial is directed to be expedited.

6.

The learned Judge is requested to conclude the trial, preferably, before 31 st December, 2020.

7.

Application is disposed off in the aforesaid terms.

(SANDEEP K. SHINDE, J.)