Sheikh Aqeel Sheikh Chand (In Jail) v. State Of Maharashtra Thr. Police Station Tahasil, Nagpur

1 21 LDVC BA 875.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR L.D.V.C. CRIMINAL APPLICATION (BA) NO. 875 OF 2020 Sheikh Aqeel Sheikh Chand ..vs..

State of Maharashtra, thr. P.S.O.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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. Rawlani, Advocate for applicant.

Shri N.S.Rao, A.P.P. for State CORAM : VINAY JOSHI, J.

DATED : 23/07/2020 Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

Issue notice, returnable in next week.

3.

Learned A.P.P. waives service of notice on behalf of the State.

4.

Learned Counsel for the applicant prayed for grant of interim protection. The applicant is arrested by the concerned Police in connection with the offence punishable under Section 67-B of the Information Technology Act, 2000 and Section 15 of the Protection of Children from Sexual Offences Act (POCSO Act), 2012. 5.

It is alleged that the applicant-accused has transmitted the material which can be turned as a pornographic material involving on child. The offence is punishable up-to 5 years of imprisonment. The applicantaccuse has faced custodial interrogation. It is pointed out

2 21 LDVC BA 875.2020 that there is delay of 9 months in filing the F.I.R. 6.

Having regard to this fact, I deem it appropriate to release the applicant on interim bail, therefore following order is passed :

(a) The applicant-accused - Sheikh Aqeel Sheikh Chand is released on interim bail on his furnishing P.R. Bond of Rs.25,000/- with one or two sureties in the like amount.

(b) The applicant-accused shall attend concerned Police Station on every Monday and Friday in between 10.00 a.m. to 12.00 noon till the further orders. (c) The applicant-accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence.

7.

This order be communicated to the Counsel appearing for the parties, either on the email address or on WhastApp or by such other mode, as is permissible in law. JUDGE Trupti by Rakesh Dhuriya Date:

2020.07.24 14:48:58 +0530 Rakesh Dhuriya