Bombay High CourtBA/224/2016allowed

Tulsiram S/O Chaliyaram Mhashakhatri (In Jail) v. The State Of Maharashtra, Through P.S.O. P.S. Dhanora, Gadchiroli

2016-04-15Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba224.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.224/2016 Tulsiram S/o Chaliyaram Mhashakhatri ..Versus..

The State of Maharashtra, through Police Station Officer, Police Station, Dhanora, Distt. Gadchiroli - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- 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 : 15.4.2016 Heard Shri Rohit Joshi, advocate for the applicant and Shri R.S. Nayak, A.P.P. for the non-applicant.

The applicant is arrested on 18th August, 2015 in crime registered against him for the offence punishable under Sections 376, 506 and 323 of the Indian Penal Code on the complaint of prosecutrix (aged about 40 years) that the applicant committed forcible sexual intercourse after forcibly entering her house at midnight.

The charge-sheet is filed on 5th November, 2015. Considering the facts on the record, the medical report of the prosecutrix and the fact that the non-applicant has not been able to show that the custody of applicant is required for further

2 ba224.16 investigation, 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.30/2015 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 applicant shall attend the sessions trial regularly. In default on the part of the applicant to attend the sessions trial on any date, without seeking exemption from the Sessions Court, this order shall stand recalled.

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