Bombay High CourtBA/237/2017allowed

Shaikh Irfan @ Monu S/O. Shaikh Takrim (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Police Station Shendurjana Ghat Dist. Amravati

2017-04-25Hon'Ble Shri Justice Sunil B. Shukre2 pages

1 ba237.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO.237 OF 2017 (Shaikh Irfan @ Monu s/o Shaikh Takrim ..vs.. The State of Maharashtra, through PSO, PS Shendurjana Ghat, District Amravati) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.M. Daga, Advocate for the applicant, Shri N.R. Patil, Addl.P.P. for the non-applicant. CORAM : S.B. SHUKRE, J.

DATED : 25-04-2017 Heard.

Perused the first information report, reply of the prosecution and the charge-sheet.

The material available on record, at this stage, prima facie shows that the possibility of prosecutrix, even though her age has been shown to be 14 years, knowing the consequences of her whole conduct in her going alongwith the applicant and thus having attained sufficient maturity cannot be ruled out. The applicant is in Jail since 30-10-2016. The trial is yet to commence. He is also a young person.

In the circumstances, I am inclined to allow this application.

2 ba237.17 The application is allowed and it is directed that the applicant be released on bail on his furnishing P.R. Bond of Rs.20,000/- together with one solvent surety in the like sum, on the following conditions :

(i) The applicant shall regularly attend the dates fixed by the Court and shall co-operate with the trial Court in expeditious disposal of the trial. (ii) The applicants shall not tamper with the prosecution evidence in any manner.

JUDGE adgokar