Bombay High CourtAPPLN/4676/2015application allowed

Suresh S/O Sahebrao Pawar And ORS v. The State Of Maharashtra

2015-09-14Hon'Ble Shri Justice Nitin W. Sambre3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4676 OF 2015 1.

Suresh s/o Sahebrao Pawar, 2.

Chandrabhan s/o Sahebrao Pawar, 3.

Ramdas s/o Sahebrao Pawar, 4.

Machindra s/o Gorakh Bhalerao All r/o Wangi (Bk), Tq. Shrirampur, Dist. Ahmednagar ...Applicants versus The State of Maharashtra

...Respondent

.....

Mr. R. A. Tambe, Advocate for applicants Mrs. B. B. Gunjal, A.P.P. for respondent/State. .....

CORAM : N.W. SAMBRE, J.

DATE : 14th SEPTEMBER, 2015 ORAL ORDER :

The applicant Nos. 1 to 3 are real brothers of main accused Bapu, whereas applicant No. 4 is his son-in-law. 2.

The allegations against the present applicants are that, they have supported the act of main accused Bapu in taking away minor daughter of complainant namely Chhakuli, who was sixteen years of age.

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Upon perusal of the complaint, it reflects that, there are general allegations against the applicants, whereas in the statement of Chhakuli, it reflects that, no role is attributed to applicant No. 4. So far as applicants Nos. 1 to 3 are concerned, role attributed to them is that, they had helped the main accused Bapu in commission of crime. No overt act in commission of the offence is attributed to the applicants.

In view thereof, in my opinion, it will be appropriate to order the release of the applicants on bail. Hence I propose to pass following order:- (a) The applicants be released on bail, upon furnishing P.R. Bond of Rs. 10,000/- (Rs. Ten Thousand) by each of them, with one surety in the like amount, in Crime No. I-83/2015 registered with the Shrirampur Taluka police station, District Ahmednagar for the offence punishable under sections 363, 366A read with 34 of the Indian Penal Code and Section 5(L) & 6 of Protection of Children rom Sexual Offences Act, 2012. (b) The applicants shall keep themselves away from the jurisdiction of the concerned police station, till filing of chargesheet.

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The application stands allowed in above terms. [ N.W. SAMBRE, J. ] Tupe/14.09.15