Suraj Latif Shaikh v. The State Of Maharashtra

2025:BHC-AUG:8155

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1003 ANTICIPATORY BAIL APPLN. NO.268 OF 2025 SURAJ LATIF SHAIKH

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr.Sidhesh V.Jadhwar h/f. Mr.S.S.Thombre APP for Respondent-State : Mr.N.B.Patil Advocate for respondent no.2 : Mr.P.S.Chavan ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 19.03.2025 P.C. :

1] Heard learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for respondent no.2.

2] The applicant is apprehending arrest in connection with Crime No. I-215/2024, registered with Sonai Police Station, Taluka Newasa, District Ahmednagar, for the offence punishable under Section 363, 366 (A) of the Indian Penal Code, 1860 and Section 18 of POCSO Act. 3] This Court, by order dated 18.02.2025, has granted interim protection in favour of the applicant for the submissions and reasons stated in para nos. 3 and 4, as noted below :

3] The learned counsel for the applicant submits that after attaining the age of majority, girl has married with the applicant. He further submits that the relations are consensual.

4] Prima facie, the relations are noted to be consensual, in the meanwhile, there shall be interim order in the following terms.

4] The girl is present in the Court. The girl has interacted with her mother, who is also present in the Court. It is not disputed before me that the girl has attained majority.

5] Considering this aspect of the matter, the interim protection granted by order dated 18.02.2025 stands confirmed, in the following terms :

i] The applicant and victim girl to remain present before the Investigating Officer for recording their statements within two weeks.

ii] The applicant shall attend the concerned police station as and when required by the investigating officer.

iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

v] The applicant to give his mobile number to the Investigating Officer and before the trial Court after filing of the charge sheet.

6] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

7] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE DDC