Bombay High CourtAPPP/3/2016others disposed off

Sk. Irfan S/O Sk. Mannan v. The State Of Maharashtra Through P.S.O., P.S., Asegaon, Amravati

2016-03-10Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba978.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.978/2015 Sk. Irfan S/o Sk. Mannan ..Versus..

The State of Maharashtra, through Police Station Officer, Police Station, Asegaon, Distt. Amravati - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 10.3.2016 Heard Shri L.B. Khergade, advocate for the applicant and Shri S.S. Doifode, A.P.P. for the non-applicant.

The applicant is arrested on 24th September, 2014 in crime registered against him for the offence punishable under Section 376(5) (2)(L)(J), 363, 114 of the Indian Penal Code. The allegations against the applicant are that he has committed forcible sexual intercourse on victim aged about 30 years who is mentally retarded.

The learned advocate for the applicant has submitted that there is no medical evidence to substantiate the charge levelled against the applicant.

Considering the facts on the record, that the charge-sheet is

2 ba978.15 filed on 12th December, 2014 and that the non-applicant has not been able to show that the custody of applicant is required for further investigation, in my view, the applicant is entitled to be released on bail.

Hence, the following order:

(i) The applicant having been arrested in Crime no.157/2014 registered by the non-applicant, he be released on bail on furnishing P.R. bond in the sum of Rs.20,000/- (Rs. Twenty Thousand Only). (ii) The application is allowed in the above terms. CRIMINAL APPLICATON (APPP) NO.3/2016.

In view of disposal of main application, this application does not survive and is disposed of accordingly.

JUDGE Tambaskar.