Sangram S/O Dattatraya Lambade And ANR v. The State Of Maharashtra

1 Cri. Appln. 1519-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1519 OF 2016 1] Sangram S/o Dattatraya Lambade Age : 21 years, Occu.: Agri.

2] Ganesh S/o Mhaske Bunage Age : 21 years, Occu.: Labourer Both R/o. Tandali, Dumala Tq. Shrigonda, Dist. Ahmednagar .. Applicants (Orig. Accused) Vs.

The State of Maharashtra, Through Police Station Officer, Shrigonda Police Station, Tq. Shrigonda, Dist. Ahmednagar .. Respondent .....

Mr. Niteen V. Gaware, Advocate for the applicants Mr. A.S. Shinde, APP for the respondent-State ......

CORAM : M.T. JOSHI, J.

DATED : 29/03/2016 ORAL ORDER :

Heard both sides.

2.

The present applicants, who are arrested by Shrigonda Police Station, Dist. Ahmednagar in Crime no.I-36 of 2016 for the offences punishable under

2 Cri. Appln. 1519-2016 section 363, 366, 376(D) of the Indian Penal Code and under section 3, 4 of the Protection of Children From Sexual Offences Act and under section 3(1)(12), 3(2) and 5 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, are praying for their release on bail.

3.

Hearing from both sides as well as the material on record would show that on 28/1/2016 the 16 years old victim of the offence had eloped with the principal accused - Dada Kanere to have marriage with him. Thereafter, they resided at different places like Karmala, Jejuri, Baramati and ultimately, both of them were nabbed on 31/1/2016, as the missing complaint was already filed by her father.

4.

Hearing from both sides would show that the applicants were arrested on 02/02/2016. Investigation qua them is almost complete.

5.

Considering the alleged role of the applicants in the offence that initially they accompanied the couple and finding that the trial would take

3 Cri. Appln. 1519-2016 its own time, the application is allowed.

6.

The applicants be released on bail in Crime no.I-36 of 2016 registered with Shrigonda Police Station, Dist. Ahmednagar for the offences punishable under section 363, 366, 376(D) of the Indian Penal Code and under section 3, 4 of the Protection of Children From Sexual Offences Act and under section 3(1)(12), 3(2) and 5 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, upon their executing P.R. bonds in the sum of Rs.15,000/- (Rs. Fifteen Thousand) each and also upon furnishing surety each in the like amount.

7.

Application stands disposed of accordingly.

[M.T. JOSHI] JUDGE arp/-