Bombay High CourtBA/92/2016allowed

Sunil S/O Mahadeo Pipre v. State Of Maharashtra, Through Its P.S.O. P.S. Dhanora, Gadchiroli

2016-03-02Hon'Ble Shri Justice Z.A. Haq1 pages

1 ba92.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 92 OF 2016 (SUNIL MAHADEO PIPRE...VS..STATE OF MAH. THR. PSO PS DHANORA, DIST. GADCHIROLI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 : MARCH 02, 2016.

Heard Shri R.R. Vyas, advocate for the applicant and Shri H.R.Dhumale, A.P.P. for the non-applicant. The applicant is arrested in the crime registered against him for the offence punishable under Section 376 of the Indian Penal Code on the accusation that he has forcibly committed sexual intercourse with the complainant. The complainant is a married woman aged about 19 years. The charge-sheet does not contain the medical examination report of the complainant as well as the applicant. The applicant is in jail since 21st September, 2015. The charge-sheet is filed. The non-applicant has not been able to show that the custody of the applicant is required for further investigation.

In view of the facts on record, I am of the view that the applicant is entitled to be released on bail. Hence, the following order :

The applicant having been arrested in the crime registered against him vide F.I.R. No. 39 of 2015, by the nonapplicant, he be released on bail on furnishing P.R. Bond for Rs.Ten Thousand and one solvent surety in the like amount. The application is allowed in the above terms. JUDGE RRaut..