Ahmed Khan S/O. Amin Khan v. The State Of Maharashtra

948-BA-1050-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1050 OF 2022 Ahmed Khan Amin Khan ... Applicant

Versus

The State of Maharashtra and another ... Respondents ....

Mr. N. S. Ghanekar, Advocate for applicant Mr. S. P. Sonpawale, APP for respondent No.1 - State Mr. Rohit P. Patwardhan, Advocate h/f Mr. Virendra Tawar, Advocate for respondent No.2 ....

CORAM : R. G. AVACHAT, J.

DATED : 06th SEPTEMBER, 2022 PER COURT :- .

This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.0311/2016, registered at Jinsi Police Station, Aurangabad District Aurangabad, for the offences punishable under Sections 376, 354, 506 of the Indian Penal Code and under Sections 4, 5 and 8 of the Protection of Children from Sexual Offences (POCSO) Act.

2.

Heard.

The applicant has been behind the bars for little over six years. It is informed that similarly placed co-accused have been

(( 2 )) 948-BA-1050-2022 granted bail. The victim'

s parents are being represented in this matter. They have no objection to grant the applicant bail. It is informed that almost all the witnesses for the prosecution have been examined. The only witness remained to be examined is the Investigating Officer. It is also informed that the Investigating Officer was not honest in his job. He, although collected the CCTV footage, did not make it a part of police papers. The applicant had therefore been before this Court thrice in that regard. It is only on the Court' s intervention, the collected CCTV footage has been made part of police papers. The said footage is said to have been favorable to the applicant herein. Be that as it may.

3.

Since the trial is at the fag end, the trial Court is requested to conclude the same within a period of four months from the date of receipt of copy of this order.

4.

If the trial could not be concluded within the time frame, the applicant would be at liberty to move application for bail. 5.

The Bail Application is disposed of.

[ R. G. AVACHAT, J. ] SMS