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Bombay High CourtBA/2483/2016bail granted

Sandesh Pandurang Kharat v. The State Of Maharashtra

2016-12-09Hon'Ble Shri Justice Nitin W. Sambre2 pages

922.BA. 2483.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2483 OF 2016 Sandesh Pandurang Kharat .. Applicant

Versus

The State of Maharashtra .. Respondent Ms. Afsan G., Advocate for the Applicant.

Ms. Rutuja Ambekar, A.P.P. for the Respondent - State. CORAM : N.W. SAMBRE, J.

DATED : 9th DECEMBER, 2016.

P.C. :

The applicant seeking regular bail in Crime No. 157 of 2016 for the offences punishable under Sections 354A, 509 of the Indian Penal Code with Section 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

Perused the statement recorded under Section 164 of the victim girl who appears to be at the age of 6 years. The allegations against the applicant are that commission of offence under Section 354A. The offence under said Section is bailable. So far as offence under Sections 8 and 12 of the Protection of Children from Sexual Offences Act is concerned, the maximum punishment is provided is 5 years. There are no criminal antecedents. Looking to the nature of attribution in the F.I.R. and other material, in my opinion, the applicant Waghmare 1/2

922.BA. 2483.16.doc who was arrested on 17.08.2016 entitled to be released on bail on furnishing P.R. Bond of Rs.25,000/- with one or two sureties in the like amount. The applicant shall attend police station as and when called for. The applicant shall not tamper with the evidence or influence the witnesses.

In view thereof, the application is allowed.

(N.W. SAMBRE, J.) Waghmare 2/2