Bombay High CourtABA/288/2017allowed

Shaikh Alim S/O. Shaikh Sultan Bagwan v. State Of Maharashtra Thr. Pso Washim (Rural) Dist. Washim

2017-07-06Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba288.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 288 OF 2017 (SHAIKH ALIM SHAIKH SULTAN BAGWAN...VS.. STATE OF MAH.THR.P.S.O., WASHIM) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.L.Vairagade, Advocate for Applicant.

Shri Neeraj Patil, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JULY 06, 2017.

Heard.

Apprehending arrest in connection with crime registered by the non-applicant for the offences punishable under Sections 354-A, 506 and 34 of the Indian Penal Code, Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 66E of the Information Technology Act, 2008, the applicant has sought pre-arrest bail. The crime is registered on the complaint lodged by Ku. Aarti (aged about 17 years).

The facts on record show that the objectionable messages are not sent by the applicant but alleged to have been sent by the co-accused Sheikh Anis. Along with the application, the applicant has filed photocopies of letters written by the complainant to the applicant.

The applicant, aged about 24 years, is serving with Indian Army and is presently posted at Siachen Glacier (WHH), Aasam.

2 aba288.17 This Court has passed order on 27th April, 2017 granting protection to the applicant imposing certain conditions on the applicant. The Investigating Agency has not complained that the applicant has not complied with the order passed by this Court and / or has not co-operated with the Investigating Agency.

Considering the facts of the case, the order passed by this Court on 27th April, 2017, granting protection to the applicant, is confirmed.

The application is allowed accordingly.

JUDGE RRaut..