Bombay High CourtAPPP/345/2016allowed

Wasudeo S/O Babu Jadhav v. State Of Maharashtra, Through Pso P.S. Korpana

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

1 ba161.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 161 OF 2016 (WASUDEO BABU JADHAV...VS..STATE OF MAH. THR. PSO PS KORPANA, CHANDRAPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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.

DATED : APRIL 04, 2016.

CRI.APPLN.(APPP) NO.345/2016.

For the reasons stated in the application the applicant is permitted to carry out corrections in the main application.

The application is allowed accordingly.

CRI.APPLN.(BA) NO. 161/2016.

Heard Shri A.C.Jaltare, advocate for the applicant and Shri S.M.Bhagde, APP for the non-applicant. The applicant is arrested on 28th June, 2015 in the crime registered against him for the offence punishable under Sections 366, 376(2)(N) of the Indian Penal Code and Section 6, 5(L) of the Protection of Children from Sexual Offences Act, 2012 and Section 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the complaint of the prosecutrix, aged about 17 years, that the applicant has committed penetrative sexual assault on the prosecutrix, giving assurance of marriage. According to the accusations, on 27th June, 2015, the

2 ba161.16 applicant called the victim out of her house at about 11.00 p.m., they went to the field where the applicant sexually assaulted her. According to the prosecutrix, the applicant sexually assaulted her earlier also.

The charge-sheet is filed on 24th September, 2015. The non-applicant has not been able to show that the custody of the applicant is required for further investigation. Considering the nature of accusations and the facts on record, I am of the view that the applicant is entitled to be released on bail.

Hence, the following order :

The applicant having been arrested in Crime No. 34 of 2015 registered by the non-applicant, he be released on bail on furnishing P.R. Bond for Rs.Twenty Thousand and one solvent surety in the like amount.

The application is allowed in the above terms. JUDGE RRaut..