Bombay High CourtBA/273/2016allowed

Surendra Kisanrao Khandekar (In Jail) v. State Of Maharashtra, Thruogh P.S.O. P.S. Frezarpura, Amravati

2016-05-03Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba273.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.273/2016 Surendra Kisanrao Khandekar ..Versus..

State of Maharashtra, through Police Station Officer, Police Station Frezarpura, Tah. and Distt. Amravati - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- 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 : 3.5.2016 Heard Shri T.U. Tathod, advocate for the applicant and Shri R.S. Nayak, A.P.P. for the non-applicant.

The applicant is arrested on 6th October, 2015 in crime registered against him for the offences punishable under Sections 354, 354(A) and 506 of the Indian Penal Code and Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. The crime is registered against the applicant on the complaint filed by his wife alleging that the applicant has outraged modesty of 13 year old female child of the couple. It is on the record that the proceedings are going on between the applicant and the complainant in Court and the complainant is claiming maintenance from the applicant. Considering the material on the record and as the non-applicant has not been able to show that the custody of applicant is required for further investigation, in my view, the applicant is entitled to be released on bail.

2 ba273.16 Hence, the following order:

(i) The applicant having been arrested in Crime No.410/2015 registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.25,000/- (Rs. Twenty Five Thousand Only) and one solvent surety in the like amount. (ii) The application is allowed in the above terms. JUDGE Tambaskar.