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Bombay High CourtBA/2165/2023application allowed

Pravin Rajendra Sapkale v. The State Of Maharashtra And Another

2024-03-28Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2024:BHC-AUG:6864 ba2165.23 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 BAIL APPLICATION NO. 2165 OF 2023 Pravin Rajendra Sapkale

VERSUS

The State of Maharashtra and another ...

Advocate for Applicant : Mr. Sandanshiv Milind B. APP for Respondent No.1: Mr. Satish A. Gaikwad Advocate for Respondent No.2 : Ms. Pooja Apache .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 28th MARCH, 2024.

PER COURT :- 1.

This court by order dated 20.3.2024 granted interim bail to this applicant. The applicant is ready to perform the marriage with the victim in this crime, who is now 16 years old. He has filed an affidavit to the effect that after the victim attains the majority, he will marry with her. The said affidavit is taken on record and marked X-1 for identification.

2.

The prosecutrix alongwith her parents are present before this court. The prosecutrix and her parents are aggreable to the proposal of marriage. Considering this aspect and the fact that there is love affair between the applicant and respondent No.2. The application deserves to be allowed on certain conditions. 3.

Interim bail granted to the applicant is confirmed subject to

ba2165.23 -2following conditions:- a) The applicant shall perform marriage with the respondent No.2 after she attains the majority and if marriage is not performed, respondent No.2 is at liberty to file an application for cancellation of bail.

b) The application is disposed of.

4.

The fees of learned advocate appointed to represent the cause of respondent No.2 shall be paid by the High Court Legal Services Sub Committee, Aurangabad, as per the Rules and schedule maintained by them.

(SANJAY A. DESHMUKH, J.) rlj/