Bombay High CourtBA/65/2016allowed

Hiwraj S/O Mahadev Suryavanshi v. The State Of Maharashtra, Through P.S.O. P.S. Duggipar, Gondia

2016-02-26Hon'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. 65 OF 2016 (HIWRAJ MAHADEV SURYAVANSHI...VS..STATE OF MAH., THR. PSO, PS DUGGIPAR, DIST. GONDIA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 : FEBRUARY 26, 2016.

Heard Shri S.V.Sirpurkar, advocate for the applicant and Ms N.P. Mehta, A.P.P. for the non-applicant. The applicant is arrested in the crime registered against him for the offence punishable under Section 376(1) & (2) (h), (n) and (m) r/w 34 of the Indian Penal Code. The allegations against the accused are that he has continuously exploited the victim sexually because of which she became pregnant and delivered a child. According to the prosecution, the parents of the victim noticed the pregnancy of the victim in 28th week. The applicant is in jail since 23rd July, 2015. Charge-sheet is filed.

Considering the facts on record, nature of the allegations and as the non-applicant has not been able to show that the custody of the applicant is required for further investigation, in my view, the applicant is entitled to be released on bail. Hence, the following order : The applicant, having been arrested in Crime No.69 of 2015 registered by the non-applicant, he be released on bail on furnishing P.R. Bond in the sum of Rs.Twenty Thousand and two solvent sureties in the like amount.

2 ba65.16 The applicant shall attend every date of the sessions trial before the Sessions Court, unless granted exemption by the Sessions Court. If the applicant fails to attend any date of the sessions trial without seeking exemption from the Sessions Court, this order shall stand recalled.

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