Sheikh Salam S/O. Sheikh Kamal (In Jail) v. State Of Maharashtra Thr. P.S.O., Jaripatka, Nagpur

1 ba 193.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Criminal Application (BA) No. 193 of 2019 (Sheikh Salam s/o Sheikh Kamal Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. K. Bhangde, Advocate for the applicant Mrs. M. H. Deshmukh, APP for the State/non-applicant CORAM : M. G. GIRATKAR, J.

DATED : 02/05/2019 Heard learned Advocate Shri Bhangde for the applicant.

2.

Perused the FIR. Report was lodged against unknown persons. As per the statement of victim, she has taken by two persons forcibly and they did sexual intercourse with her. She has given the description of the accused persons. 3.

Mrs. Deshmukh, learned Additional Public Prosecutor has submitted that Investigating Officer has not conducted Identification Parade.

4.

Learned counsel for the applicant has pointed out last line of supplementary statement of victim in which she has stated that nobody taken her and she has made false statement. 5.

Looking to the supplementary statement of the complainant, the applicant is entitled for bail. Hence the following order.

6.

Criminal Application is allowed.

2 ba 193.19.odt 5.

The applicant be released on bail on his executing a P.R. Bond in the sum of Rs.25,000/- with one solvent surety of the like amount on the following conditions.

(a) The applicant shall not tamper with the evidence of prosecution witnesses.

(b) The applicant shall attend the trial Court on each and every date.

(c) The applicant shall not leave the jurisdiction of trial Court without prior permission.

JUDGE SMG