Bombay High CourtBA/50/2016allowed

Pandurang Jagan Fukatwad (In Jail) v. State Of Maharashtra, Through P.S.O. Tekamandwa, Chandrapur

2016-04-01Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 50 OF 2016 (PANDURANG JAGAN FUKATWAD...VS..STATE OF MAH. THR. PSO PS TEKAMANDWA, DIST. 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.

DATED : APRIL 01, 2016.

Heard Shri P.V.Rajurkar, advocate holding for Shri M. Anilkumar, advocate for the applicant and Shri N.B. Jawade, A.P.P. for the non-applicant.

The applicant was arrested on 24th August, 2015 in crime registered against him for the offence punishable under Section 376(2)(i) of the Indian Penal Code, Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 and Sections 3(1)(xii) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The accusations against the applicant are that he has committed penetrative sexual assault on the victim (aged about 15 years).

The applicant is student and had not been involved in crime any time earlier. The charge-sheet is filed on 5th November, 2015. The non-applicant has not been able to show that the custody of the applicant is required for further investigation.

2 ba50.16 Considering the facts on record, in my view, the applicant is entitled to be released on bail. Hence, the following order :

The applicant having been arrested in Crime No. 5 of 2015, registered by the non-applicant, he be released on bail on furnishing P.R. Bond for Rs.Twenty Thousand and one solvent surety in the like amount.

The application is allowed in the above terms. JUDGE RRaut..