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Bombay High CourtAPPLN/4493/2015application allowed

Dadabhau Niyaram Bhil v. The State Of Maharashtra

2015-09-21Hon'Ble Shri Justice M.T. Joshi2 pages

criapln4493-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4493 OF 2015 IN CRIMINAL APPEAL NO. 667 OF 2015 Dadabhau Niyaram Bhil, Age : 25 years, Occu. Labourer, R/o Mudi Pargana, Tq. Amalner, District Jalgaon APPLICANT

VERSUS

The State of Maharashtra RESPONDENT ---- Mr. N.L. Choudhari, Advocate for the applicant Mr. V.P. Kadam, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 21/09/2015 ORAL ORDER :

1.

Issue notice to the respondent. Learned A.P.P. waives service of notice for the respondent/State. 2.

Heard both sides. Perused the findings forwarded by the learned Sessions Judge.

3.

The evidence on record would show that the prosecutrix was fifteen years old at the time of occurrence. The evidence of father of the prosecutrix

criapln4493-2015 would show that she was allegedly lured by the present applicant on the promise to marry with her. The applicant was released on bail during the pendency of the trial.

4.

In the circumstances, considering the fact that the hearing of the appeal may take its own time, the substantive sentences are hereby suspended till disposal of criminal appeal no. 667/2015. Upon deposit of fine amount, if not already deposited, the applicant be released on bail upon his executing P.R. bond in the sum of Rs. 20,000/- (rupees twenty thousand) and also upon furnishing surety in the like amount.

.

The application is accordingly allowed and disposed of.

Hamdast granted.

[M.T. JOSHI] JUDGE npj/criapln4493-2015