Bombay High CourtBA/2811/2018bail rejected

Jitendra Jawaharprasad Bind v. The State Of Maharashtra

2019-01-15Hon'Ble Shri Justice Prakash D. Naik3 pages

rpa 1/3 1-ba-2811-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2811 OF 2018 Jitendra Jawaharprasad Bind .. Applicant Vs.

State of Maharashtra .. Respondent ......

Mr.Irfan A. shaikh, Advocate for the Applicant. Ms.A.A. Takalkar, APP for the Respondent - State. Ms.Archna Kuble, WPSI, Turbhe Police Station, Navi Mumbai, present.

......

CORAM : PRAKASH D. NAIK, J.

DATED :

JANUARY 15, 2019.

P.C. :

This is an application for bail in connection with C.R.No.236 of 2017, registered with Turbhe MIDC Police Station, Navi Mumbai, for the offences punishable under Section 372(2)(I) (N) of Indian Penal Code ("IPC", for short) and under Sections 5(J)(2)(L) and 6 of Protection of Children from Sexual Offence Act ("POCSO", for short).

The victim was aged about 15 1⁄2 years at the time of incident. Applicant alleged to have sexually assaulted her. The

rpa 2/3 1-ba-2811-18.doc victim has delivered child recently. Learned counsel for the applicant submits that the applicant is in custody from 24th August, 2017. He is 18 years old boy. He has put to terms for granting bail.

Learned APP, submits that the victim was minor at the time of incident. She had delivered child. Charge has been framed against the applicant in September 2018, and the next date before the trial Court is 24th January, 2019. On instructions, it is submitted that the prosecution intends to examine approximately about 10 witnesses.

Considering the nature of evidence, I am not inclined to grant bail to the applicant. However, considering the fact that charge is already framed, trial Court can be directed to make an endeavour to complete the trial expeditiously. Hence, I pass the following order:

:: O R D E R ::

(i) Criminal Bail Application No.2811 of 2018, is rejected;

rpa 3/3 1-ba-2811-18.doc (ii) Trial Court is directed to make an endeavour to conclude the trial as expeditiously as possible and within a period of six months from the date of receipt of this order;

(iii) Criminal Bail Application stands disposed of. (PRAKASH D. NAIK, J.)