Manik S/O. Ramchandra Sevare v. The State Of Maharashtra Thr. P.S.O. Jaripatka, Nagpur

1 1202ba43.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 43 OF 2019 (Manik Ramchandra Sevare .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders.

Shri Sabahatullah Shaikh, Advocate for the applicant. Shri B.M. Lonare, APP for the respondent/State. CORAM : M.G. GIRATKAR, J.

12TH FEBRUARY, 2019.

Heard.

Learned Counsel for the applicant has submitted that the victim lodged report in the month of December, 2018 and the first incident took place in the month of May, 2018. Learned APP has strongly objected the application. Perused the report. From contents of report, it appears that for the first time accused/applicant did forcible sexual intercourse with her, but thereafter also it is continued. Not only the applicant but other persons also did sexual intercourse on her. Therefore, it was a rape or not is to be decided in the trial. Hence, the following order. In the result, the application is allowed. The applicant be released on bail on furnishing PR bond of Rs. 25,000/- (rupees twenty-five thousand only) with one solvent surety in the like amount on the following conditions. The applicant shall not tamper the evidence of prosecution witnesses.

The applicant shall attend the trial Court on each and every date.

JUDGE *rrg.