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Bombay High CourtAPPLN/1600/2015application allowed

Chandrakant @ Chandrashekhar Vaijnath Munjal v. The State Of Maharashtra

2015-04-10Hon'Ble Shri Justice V.M. Deshpande3 pages

1 Cr.Apln. 1600.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1600 OF 2015 Chandrakant @ Chandrashekhar Vaijnath Munjal .... APPLICANT V E R S U S The State of Maharashtra .... RESPONDENT .............................

Mr. A.V.Patil Indrale, Advocate for Applicant. Mr. A.V.Deshmukh, A.P.P. for Respondent - State. ..............................

CORAM : V.M.DESHPANDE, J.

DATE : 10th APRIL, 2015 .............................

PER COURT :

1.

By the present application, the applicant is seeking his release on bail since he is arrested in connection with Crime No. 10/2015 registered with police station Deoni, Dist. Latur for the offences punishable u/s 354 (A) & (D), 323 of the Indian Penal Code and u/s 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 [for short, 'Act'].

2 Cr.Apln. 1600.2015 2.

Heard Mr. A.V.Patil Indrale, learned Counsel for the applicant and Mr. A.V.Deshmukh, learned A.P.P. for respondent - State.

3.

The Investigating Officer has already completed entire investigation and charge sheet is filed. 4.

From the accusations made in the F.I.R. by the prosecutrix and also perusal of her statement recorded u/s 164 of the Code of Criminal Procedure before the learned Magistrate, it is clear that the offence u/s 7 of the Act can not be said to have been committed by the present applicant, at least prima facie.

5.

Looking to the accusations made in the F.I.R. and looking to the other material available in the charge sheet, further continuance of the present applicant in jail is not at all required.

6.

Hence, I pass the following order :

(i) The present Criminal Application is hereby allowed.

(ii) Applicant Chandrakant @ Chandrashekhar Vaijnath Munjal be released on bail in connection with Crime No. 10/2015 registered with police station Deoni, Dist. Latur for the offences punishable u/s 354 (A) & (D), 323 of the Indian Penal Code and u/s 7 and 8 of the Protection of

3 Cr.Apln. 1600.2015 Children from Sexual Offences Act on he executing P.R.Bond of ` 10,000/- [Rupees Ten Thousand] with one solvent surety of like amount.

(iii) The applicant shall not intimidate the prosecutrix nor shall try to contact any of the prosecution witness.

(iv) With these observations, the present Criminal Application is disposed of.

[V.M.DESHPANDE, J.] KNP/Cr.Apln. 1600.2015