Ganesh Mahadev Hiraskar v. The State Of Maharashtra

1 21.3333.18 ba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3333 OF 2018 Ganesh Mahadev Hiraskar .....Applicant V/s.

The State of Maharashtra .....Respondent Mr. Rajepandhare S. P. advocate for the applicant Mr. A. A. Palkar APP for the State CORAM : NITIN W. SAMBRE, J.

DATE :

JANUARY 25, 2019.

P.C.

Applicant is seeking regular bail in Crime No. 281/2018 registered with Jailroad Police Station, Solapur for offence punishable under Sections 354(A),(B) of the Indian Penal Code and under Section 4, 8 and 12 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

Perusal of F.I.R. and the statement of eye witnesses particularly recorded under section 161 and 164 of the Code of Criminal Procedure, 1973 satisfies the ingredients to the extent of Sections 8 & 12 of the POCSO Act.

2 21.3333.18 ba.doc So far as the requirement under Section 3 & 4 of the POCSO Act is concerned, same cannot be inferred from the contents of the complaint and the statement of witnesses including eye witnesses. The maximum punishment is seven years. Investigation in the matter is completed and charge-sheet is filed. There are no antecedents against the applicant. In view thereof, applicant deserves to be released on bail. Hence, following order: (A) Applicant be released on bail in Crime No. 281/2018 registered with Jailroad Police Station, Solapur on furnishing P.R. bond in the sum of Rs. 25,000/- with one or more sureties in the like amount.

(B) Applicant shall not influence witnesses or tamper with evidence.

(C) Applicant shall not enter the place of residence of the victim girl till the conclusion of trial.

Application stands disposed of.

[NITIN W. SAMBRE, J.]