Suresh Sahebrao More v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3007 OF 2017 Suresh Sahebrao More ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.A.U.Nikam a/w Mr.Harshal Patil and Mr.Aashish Satpute, for the Applicant.

Mr.S.S.Hulke, A.P.P for the Respondent-State. PSI - Uma B.Gawade, Shrinagar Police Station, Thane. CORAM : REVATI MOHITE DERE, J.

DATE : 15th MARCH, 2018 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the Applicant seeks his enlargement on bail in connection with C.R.No.I-94 of 2017 registered with the Shrinagar Police Station, Thane, for the alleged offences punishable under Sections 354, 506, 509 of the Indian Penal Code, under Sections 8 and 12 of Protection of Children from Sexual Offences Act.

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Perused the charge-sheet. It is alleged by the prosecution that the applicant, a teacher in a School, teaching 9th Standard students, would touch the girl students in an inappropriate manner on their back and would make unwarranted remarks and filthy comments against the girls. It is alleged that on 26th July, 2017, the applicant, while teaching made lewd comments to one of the victim girl's friend, pursuant to which, the aforesaid FIR was lodged.

4.

Learned Counsel for the applicant, on instructions of the applicant's father, who is present in the Court, states that the applicant has been suspended from the School. He further states that the applicant will not join the said School, till the conclusion of the trial. Statement accepted. The applicant is in custody since 27th July, 2017. Investigation is complete and charge-sheet is filed.

5.

Considering the aforesaid, the application is allowed and the applicant is enlarged on bail on the following terms and conditions:-

ORDER

i) The Applicant be enlarged on bail on furnishing P.R. Bond in the

3/4 sum of Rs.25,000/- with one or two sureties in the like amount; ii) The Applicant shall not tamper with the evidence or attempt to influence/contact the complainant, witnesses or any person concerned with the case;

iii) The Applicant shall co-operate in the conduct of the trial; iv) The Applicant shall not rejoin the School, where the alleged incident has taken place, till the conclusion of the trial; v) An undertaking to the aforesaid clauses (ii) to (iv), shall be filed by the Applicant, in the Registry of the trial Court, within two week's of his release;

vi) It is made clear, that if there is breach of any of the conditions as stated above, the prosecution shall be at liberty to seek cancellation of Applicant's bail.

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The Application is allowed and disposed of in above terms. 7.

It is made clear, that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 8.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)