Bombay High CourtAPPP/206/2016others disposed off

Shankar S/O Gulabrao Pawar v. The State Of Maharashtra, Through P.S.O. P.S. Sewagram, Wardha

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

1 ba102.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 102 OF 2016 (SHANKAR GULABRAO PAWAR...VS..STATE OF MAH. THR. PSO PS SEWAGRAM, DIST. WARDHA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 Mir Nagman Ali, advocate for the applicant and Shri N.B. Jawade, A.P.P. for the non-applicant. The applicant is arrested on 31st October, 2015 in the crime registered against him and two other co-accused for the offence punishable under Section 376(2)(i)(n),363,366-A, 120(B) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012. The accusations are that in the night between 29th October, 2015 and 30th October, 2015, at about 12 O'clock when the complainant had come outside her aunt's house for nature's call, she was picked-up by the applicant and coaccused Raju and she was taken to the house of co-accused Hanuman (which is under construction) and at that place, the co-accused Hanuman had forcible sexual intercourse with the prosecutrix (aged about 17 years). It is alleged that the prosecutrix was released at about 4.00 a.m.

The charge-sheet is filed on 27th January, 2016.

2 ba102.16 Considering the accusations against the applicant, the facts on record 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. 369 of 2015 registered by the non-applicant, 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. CRI.APPLN.(APPP) NOS.206/16 & 207/16.

In view of disposal of the main application, the applications for grant of time to file affidavit of relative and copy of charge-sheet have become infructuous, hence, both the applications are disposed of.

JUDGE RRaut..