Bombay High CourtABA/245/2016allowed

Chetan S/O Anand Thamake v. The State Of Maharashtra (Pso Panchpaoli, Nagpur)

2016-04-22Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba245.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.245/2016 Chetan s/o Anand Thamake ..Versus..

The State of Maharashtra, Police Station Officer, Panchpaoli, Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- 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 : 22.4.2016 Heard Shri Lubesh Meshram, advocate for the applicant and Shri N.S. Khubalkar, A.P.P. for the non-applicant. The learned A.P.P. requests for time to file reply, however, as the copy of reply filed by the Investigating Officer before the Sessions Court is already on the record, I proceed with the hearing of the application.

The applicant apprehends arrest in crime registered against him for the offence punishable under Sections 363, 376(2)n) of the Indian Penal Code and Section 5(i) of the Protection of Children from Sexual Offences Act. The crime is registered on the report lodged by the mother of victim. The victim is aged about 16 years. The accusations against the applicant are that he forcibly took victim from her house to Lashkaribagh area where the victim was kept at site of construction of a house and then the applicant took victim to Allahabad by bus, came back to Nagpur and then took victim to Wardha and then Shegaon where they resided in hotel for three days. It is alleged that the applicant committed sexual intercourse forcibly with victim time to time.

2 aba245.16 The reply filed by the Investigating Officer before the Sessions Court does not point out the necessity of custodial interrogation of the applicant.

Considering the nature of accusations against the applicant, in my view, the applicant is entitled for pre-arrest bail. Hence, the following order:

(i) In the event of arrest in Crime No.45/2016 registered by the non-applicant, the applicant 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. CRIMINAL APPLICATION (APPP) NO.545/2016 In view of disposal of main application, this application does not survive and is disposed of accordingly.

JUDGE Tambaskar.