Sagar Prakashrao Sarkate (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Police Station Anjangaon Surji Dist. Amravati

ba.199.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [BA] No.199 of 2018 Sagar Prakashrao Sarkate vs.

State of Maharashtra, through P.S.O. Anjangaon Surji, District Amravati =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri M.N. Ali, Advocate for the Applicant.

Shri A.V. Palshikar, A.P.P. for the Non-Applicant/State.

CORAM

: S.B. SHUKRE, J.

DATE : 14 th MARCH, 2018.

Heard.

Perused the F.I.R. and the reply of the prosecution, which is taken on record. It appears that no evidence in the nature of date of birth certificate or the Gram Panchayat certificate showing age of the prosecutrix has been collected by the Investigating Officer. It is also seen that the physical relations were going on between the complainant and this applicant consistently for a quite long period of time prior to lodging of F.I.R., which period of time, as per the case of the prosecution, was of about two years. As the charge-sheet has been filed, there would be no question of custodial interrogation of the applicant. The applicant is also a young person. In the circumstances, as discussed above, I do not think that any purpose would be served by keeping the applicant behind the bar any more.

ba.199.18 2/2 Hence, the application is allowed. It is directed that the applicant be released on bail on his furnishing a P.R. Bond of Rs.20,000/- together with one solvent surety in the like sum on the conditions that he shall regularly attend the trial Court, shall co-operative with the trial Court in expeditious disposed of the case and shall not tamper with the prosecution witnesses in any manner.

The application is disposed of accordingly.

JUDGE *sdw