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Bombay High CourtBA/187/2016allowed

Jaswant @ Jesu Arjun Kanake v. State Of Maharashtra, P.S.O. Wadki, Yavatmal

2016-05-06Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.187/2016 Jaswant @ Jesu Arjun Kanake ..Versus..

State of Maharashtra, P.S.O. Wadki, Tq. Ralegaon, Distt. Yavatmal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- 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 : 6.5.2016 Heard Shri Mir Nagman Ali, advocate for the applicant and Shri S.M. Bhagde, A.P.P. for the non-applicant. The applicant is arrested on 15th April, 2015 in crime registered against him for the offences punishable under Sections 376(2)(H)(J)(N) and 506 of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act. The crime came to be registered in 2013 on the complaint filed by the prosecutrix (aged about 14 years) that the applicant sexually exploited her because of which she became pregnant. The complaint came to be lodged when the pregnancy of 7 months was detected.

The investigation is complete. The charge-sheet is filed. The non-applicant has not been able to show that the custody of

2 ba187.16 applicant is required for further investigation. Considering the facts on the record, in my view, the applicant is entitled to be released on bail. Hence, the following order:

(i) The applicant having been arrested in Crime No.112/2013 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand Only) and one solvent surety in the like amount.

(ii) The application is allowed in the above terms. JUDGE Tambaskar.