Bombay High CourtABA/39/2017allowed

Ramdas S/O. Namdeo Adhao v. The State Of Maharashtra Thr. Police Station Officer Police Station Shirpur Tah. Malegaon, Washim

2017-06-14Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba39.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 39 OF 2017 (RAMDAS NAMDEO ADHAO...VS.. STATE OF MAH. THR. P.S.O. PS SHIRPUR, DIST. WASHIM) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.P.Tathod, Advocate for Applicant.

Shri Neeraj Patil, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JUNE 14, 2017.

Heard.

The applicant, apprehending arrest in crime registered against him and his mother for the offences punishable under Sections 376(2)(n), 323, 506-II read with Section 34 of the Indian Penal Code, has sought pre-arrest bail. The crime is registered on the complaint lodged by the prosecutrix Ku. Sharda, aged about 20 years, that on the promise of marriage the applicant has sexually exploited her. The application is opposed on the ground that there is ample material showing the involvement of the applicant in the crime and the applicant is absconding and has not co-operated with the Investigating Agency. This Court has granted interim protection to the applicant by order passed on 27th January, 2017. Except for the submission that the applicant is absconding and is not cooperating with the investigation, the Investigating Agency has not placed on record any details and the steps taken by it to trace the applicant.

2 aba39.17 Considering the facts of the case, in my view, the interim order dated 27th January 2017 is required to be confirmed, however, on imposition of condition as per this order.

The order dated 27th January, 2017 is confirmed on condition that the applicant shall attend the concerned Police Station on every Tuesday between 10.00 a.m. and 2.00 p.m. till filing of the charge-sheet.

The application is allowed accordingly.

JUDGE RRaut..