Balu @ Balasaheb Rajaram Mane v. The State Of Maharashtra

crap1807.15 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1807 OF 2015 [Balu @ Balasaheb Rajaram Mane Vs The State of Maharashtra] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court's or Judge's orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri N.V.Gaware, advocate for applicant Shri A.V.Deshmukh, A.P.P. for respondent .....

CORAM : V.M.DESHPANDE, J.

DATED : 23 rd April, 2015 PER COURT :- 1] This is an application for bail. The applicant is arrested on 23.1.1015 in connection with Crime No. 16 of 2015, registered with Shrigonda Police Station, District Ahmednagar, for the offences punishable under Sections 376, 506 of the Indian Penal Code.

2] I have heard Shri N.V.Gaware, learned counsel for the applicant and Shri A.V.Deshmukh, learned Additional Public Prosecutor for the respondent/State.

3] The investigating agency has already completed its investigation and charge sheet is already presented before the court of law.

4] The prosecutrix is major. She is a married woman. 5] From the first information report and from the other material on record, it is clear that the alleged atrocity on her by the present applicant is done prior to one month of lodging of the first information report which is lodged on 23.1.2015. The first information report shows that the couple was residing at the place of occurrence since last 11⁄2 months of the date of occurrence. In spite of the fact that the incident

crap1807.15 has taken place at her place of residence, she did not disclose the said fact to her husband, however, according to her she disclosed the said fact to Vijay and Manoj, who are not known to her.

6] In that view of the matter and looking to the fact that first information report is filed at belated stage, prima facie, further continuance of the present applicant in jail will not subserve any purpose in view of the fact that the charge sheet is filed.

O R D E R

(i) Criminal Application is allowed.

(ii) Applicant-Balu @ Balasaheb Rajaram Mane be released on bail, in connection with Crime No. 16 of 2015, registered with Shrigonda Police Station, District Ahmednagar, for the offences punishable under Sections 376, 506 of the Indian Penal Code, on he executing P.R. bond in the sum of Rs.50,000/- with two solvent sureties in the like amount.

(iii) Bail before the trial court.

(iv) The applicant shall attend Shrigonda police station, District Ahmednagar once a week, preferably on every Saturday in between 3.00 p.m. to 4.00 p.m. till the charge is framed.

(v) Criminal Application is disposed of.

(V.M.DESHPANDE, J.) dbm/crap1807.15