Shri. Suraj S/O. Bhanudas Pakhide (In Jail) v. State Of Maharashtra Thr. P.S.O. Rana Pratap Nagar Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.44/2018 Shri Suraj s/o Bhanudas Pakhide ..vs..

State of Mah., thr. PSO Rana Pratap Nagar, Nagpur ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri V.R. Baseshankar, Counsel for the applicant. Shri V.A. Thakare, Addl.P.P. for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : JANUARY 18, 2018.

1.

Heard learned counsel Shri V.R. Baseshankar for the applicant and learned Additional Public Prosecutor Shri V.A. Thakare for the State.

2.

The applicant is arrested on 20.6.2017 in connection with Crime No.182/2017 registered with Police Station Rana Pratap Nagar, District Nagpur for the offences punishable under Sections 376 and 506 of the Indian Penal Code and Sections 4 and 8 of the The Protection of Children from Sexual Offences Act, 2012. 3.

The investigation is over and the charge-sheet is already filed.

4.

The report lodged by the victim shows that on the day when the report was lodged she was aged about 20 years. 5.

Looking to the nature of accusations made in the first information report against the present applicant and looking to the .....2/-

fact that the investigation is already over and the charge-sheet is already filed and there is no possibility of Trial being taken up for its disposal in near future, in my view, the applicant need not to continue his custodial presence. Consequently, I pass the following order:

ORDER

(a) The criminal application is allowed.

(b) Applicant Shri Suraj s/o Bhanudas Pakhide be released on bail on his executing a P.R. Bond in the sum of Rs.25,000/- with two solvent sureties of the like amount in connection with Crime No.182/2017 registered with Police Station Rana Pratap Nagar, District Nagpur for the offences punishable under Sections 376 and 506 of the Indian Penal Code and Sections 4 and 8 of the The Protection of Children from Sexual Offences Act, 2012.

(c) The applicant shall not extend any type of threats either to the victim or any of the prosecution witnesses.

(d) Needless to state that the observations made in this order are purely for deciding the application for .....3/-

grant of bail only and learned Judge of the Court below, who shall be trying the Case, shall not get influenced by the observations made in this order. (e) With this, the criminal application is allowed and disposed of.

JUDGE !! BRW !!

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