Bombay High CourtBA/10/2016allowed

Raju S/O Ganpat Maidamwar v. State Of Maharashtra, Through Pso Chandrapur

2016-03-07Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.10/2016 Shri Raju S/o Ganpat Maidamwar ..Versus..

State of Maharashtra, through Police Station Officer, Police Station, Ramnagar Chandrapur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - 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 : 7.3.2016 Heard Shri Y.B. Mandpe, advocate for the applicant and Shri N.S. Khubalkar, A.P.P. for the non-applicant. The applicant is arrested on 18th May, 2015 in crime registered against him for the offence punishable under Section 376, 323 and 506 of the Indian Penal Code.

The allegation against the applicant is that he has forcibly committed sexual intercourse on victim aged about 65 years when she had gone to attend the natures call at around 3.30 a.m. Shri Mandpe, learned advocate has pointed out the map of the house of complainant which shows that there is a bathroom in the premises of house of the complainant. The learned advocate has further pointed out the nature of injuries shown in the certificate issued

2 ba10.16 by doctor.

Considering the facts on the record, that the charge-sheet is filed and the fact that non-applicant has not been able to show that the custody of applicant is necessary 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.244/2015 registered by the non-applicant, he shall be released on bail on furnishing P.R. bond for Rs.10,000/- (Rs. Ten Thousand Only). (ii) The applicant shall attend the sessions trial regularly. In default of the applicant to attend any date of sessions trial before the Sessions Court, without seeking exemption from the Sessions Court, this order shall stand recalled.

(iii) The application is allowed in the above terms. CRIMINAL APPLICATION (APPP) NO.47/2016 In view of disposal of main application, this application does not survive and is disposed of accordingly.

JUDGE Tambaskar.