Mukesh S/O Angilo Tayade v. State Of Maharashtra, Through P.S.O. Ajni, Nagpur And Another

apl228.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO.228/2015 Mukesh Angilo Tayade ..vs.. State of Maharashtra, through PSO P. S. Ajni and anr. __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S. Siddiqui, Advocate for applicant.

Mr. Bhoyar, A.P.P. for non applicant-State CORAM : A.B. CHAUDHARI, J.

DATE :

JULY 14, 2015.

Heard learned counsel for the applicant.

Perused the impugned order.

Perusal of the reasons recorded by the learned Sessions Judge in paragraph 19 of the order rejecting application for discharge shows that there is a prima facie case against the applicant. I quote paragraph 19 as under:

"19) In respect of other accused Mukesh, the statement dated 1/12/2014 of eye witness Mrs.Bharti shows that two boys had come in the vehicle Hyundai Getz and took away her daughter Ms. Sakshi who was just 17 years old. On this background, if the statements dated 22/12/2014 and 9/12/2014 of witnesses Amit Madanrao Armarkar are perused, those clearly disclose

apl228.15 the actual participation and role played by the accused Mukesh in said crime along with main accused Amit. It prima facie shows his meeting of mind with the accused Amit in this crime."

Learned counsel for the applicant submitted that the victim girl has not taken the name of applicant. However, that is the matter of trial since mother of the victim has specifically identified the applicant as the person taking away the girl. That being so, it is not possible to hold a mini trial. Hence, following order is passed.

ORDER

(i) Criminal Application No.228/2015 is rejected.

JUDGE kahale