Bombay High CourtABA/218/2016allowed

Sudhakar S/O Madhukar Jamnik v. The State Of Maharashtra, Thr. P.S.O. P.S. Daryapur, Amravati

2016-04-28Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba218.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 218 OF 2016 (SUDHAKAR MADHUKAR JAMNIK...VS..STATE OF MAH. THR. PSO PS DARYAPUR, DIST. 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.

DATED : APRIL 28, 2016.

Heard Shri M.A.Sable, advocate for the applicant; and Shri A.D.Sonak, A.P.P. for the non-applicant. The applicant apprehends arrest in the crime registered against him for the offence punishable under Sections 363, 366, 376(D) and 34 of the Indian Penal Code. According to the prosecution, the complainant/ prosecutrix (aged about 24 years) has lodged complaint that Akash son of the present applicant wanted to marry the complainant and by misrepresentation had taken her to Washi (Gujrat) by train, where they stayed for about a month, during which period Akash committed forcible sexual intercourse with the complainant and thereafter he started illtreating her. According to the complainant, the applicant has helped Akash in taking the complainant from bus-stand at Daryapur to Rasulpur Fata.

Considering the nature of the incident, nature of the accusations against the applicant and the fact that the non-applicant has not been able to show that the custody of the applicant is required for further investigation, in my view, the interim order granted on 6th July, 2016 is required to be confirmed.

2 aba218.16 Hence, the following order :

In the event of arrest in Crime No. 36 of 2016, registered by the non-applicant, the applicant be released on bail on furnishing P.R. bond for Rs.Twenty Thousand. The application is allowed in the above terms. JUDGE RRaut..