Laila Babu Kalkhor And Another v. State Of Maharashtra Thr. Police Station Officer, Police Station Lakadganj Nagpur

1 aba198.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 198 OF 2017 (LAILA BABU KALKHOR AND ANOTHER...VS.. STATE OF MAH. THR. P.S.O. PS LAKADGANJ, DISTT.NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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. Patwardhan, Advocate for Applicant. Shri. S. P. Deshpande, A.P.P. for Non-applicant. CORAM : Z.A.HAQ, J.

DATED : 27 th JUNE , 2017.

Heard.

The applicants, apprehending arrest in crime registered against them for the offences punishable under Sections 344, 366(A), 370-A, 372, 373 read with Section 34 of the Indian Penal Code, Sections 3, 4, 5, 6, 7 and 9 of the Immoral Traffic Prevention Act and Sections 4, 8 and 12 of Protection of Children from Sexual Offences Act, have sought pre-arrest bail.

According to the Investigating Agency, the applicants are habitual offenders and Eight crimes are registered against the applicant No.1 - Laila Babu Kalkhor and Eleven crimes are registered against the applicant No.2 - Asha Vinod Kalkhor.

The application is opposed on the ground that there is evidence showing the involvement of the applicants in the crime and the crime is of a serious nature as the victim is

2 aba198.17 aged about 15 years.

The learned advocate for the applicants has submitted that this Court granted interim protection to the applicants by the order passed on 6th April, 2017, and directed the applicants to attend the police station and co-operate with the Investigating Agency and the applicants have complied with the directions.

The investigation is complete and charge-sheet is filed on 25th October, 2016. The Investigating Agency has not been able to point out that the custody of the applicants is required for further investigation.

Considering the facts of the case, the following order is passed :

In the event of arrest in Crime No.217 of 2016 registered by the non-applicant, the applicants be released on bail on furnishing cash security of Rs.50,000/- each and one solvent surety in the like amount for each of the applicant. The applicants shall attend the proceedings/trial before the Sessions Court on every date unless granted exemption by the Sessions Court.

The application is allowed in the above terms. Crim. Application (APPP) Nos. 499/2017 and 583/2017. In view of disposal of main application, the application for grant of time to file certified copy of order

3 aba198.17 dated 17.03.2017 and application for grant of time to file copy of charge-sheet have become infructuous. The Criminal applications are disposed of accordingly.

JUDGE PBP