Bombay High CourtAPPA/35/2021disposed off

Abdul Rahim Abdul Hamid v. The State Of Maharashtra, Thr. Pso Ps Gadge Nagar, Dist. Amravati And Another

2021-01-14Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice Amit B. Borkar2 pages

13.Cri.Appeal No.25.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPEAL NO.25/2021 Abdul Imran Abdul Hamid Vs. State of Maharashtra and anr. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anand P. Thakare, Advocate for Appellant. Shri T. A. Mirza, A.P.P. for Respondent No.1/State. CORAM : Z. A. HAQ AND AMIT B. BORKAR, JJ.

DATE :

14/01/2021.

Heard.

Issue notice to the respondents, returnable on 04.03.2021.

Shri T. A. Mirza, learned A.P.P. waives notice for the respondent No.1.

The accusations against the applicant-accused (aged about 21 years) are that giving promise of marriage he sexually exploited the respondent No.2-victim (aged about 23 years) on several occasions. The facts on record show that the appellant and the respondent No.2 had been in relationship for considerable period before the First Information Report came to be registered against the appellant.

At this stage, prima facie, we are satisfied that the offences under Sections 3(1)(r) and 3(1)(s) of the

13.Cri.Appeal No.25.21 Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 are not made out and the appellant deserves to be protected.

Hence, the following order:- i] In the event of arrest in connection with Crime No.1116 of 2020 registered with the respondent No.1Police Station, the appellant be released on provisional bail on executing P. R. Bond for Rs.20,000/- (Rs. Twenty Thousand only).

ii] The appellant shall co-operate with the investigation and shall attend the respondent No.1- Police Station as and when summoned.

CRIMINAL APPLICATION (APPA) NO.35/2021.

In view of the order passed in Criminal Appeal granting provisional bail to the appellant this application praying for grant of interim bail does not survive. It is disposed of accordingly.

JUDGE JUDGE RGurnule