Bombay High CourtAPPP/247/2016others disposed off

Atul S/O Omprakash Mule v. State Of Maharashtra, Through P.S.O. Pathrot, Amravati

2016-04-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba109.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.109/2016 Atul S/o Omprakash Mule ..Versus..

State of Maharashtra, through Police Station Officer, Pathrot, Tq. Achalpur, Distt. Amravati - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- 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.

DATE : 6.4.2016 Heard Shri M.V. Bute, advocate for the applicant and Shri R.S. Nayak, A.P.P. for the non-applicant.

The applicant apprehends arrest in crime registered against him under Section 376 and 506 of the Indian Penal Code on the complaint of the prosecutrix (aged about 32 years) that taking advantage of weak financial condition of the complainant (prosecutrix), the applicant has sexually exploited her. The application is opposed on the ground that the investigation is in progress and the mobile phone of the applicant

2 aba109.16 was required to be seized. The applicant has surrendered his mobile phone to the Investigating Officer.

Considering the nature of accusations against the applicant, the facts on the record and as the non-applicant has not been able to show that the custody of applicant is required for further investigation, in my view, the interim order granted on 26 th February, 2016 is required to be confirmed.

Hence, the following order:

(i) In the event of arrest in Crime No.21/2016 registered by the non-applicant, the applicant be released on bail on furnishing P.R. bond for Rs.10,000/- (Rs. Ten Thousand Only) and one solvent surety in the like amount. The application is allowed accordingly. CRIMINAL APPLICATION (APPP) NO.247/2016 In view of disposal of main application, this application does not survive and is disposed of accordingly.

JUDGE Tambaskar.