Bombay High CourtBA/448/2017allowed

Syed Nazim S/O Syed Qayyum (Syed Abdul Qayyum) v. State Of Maharashtra, Thr. P.S.O. P.S. Tamgaon, Buldhana

2017-06-30Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba448.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.448/2017 Syed Nazim S/o Syed Qayyum (Syed Abdul Qayyum) ..Vs..

State of Maharashtra, through Police Station Officer, Police Station Tamgaon, Tq. Sangrampur, Distt. Buldhana - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.B. Mirza, Adv. for the applicant.

Shri V.R. Thakre, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 30.6.2017.

Heard.

The learned Advocate for the applicant has argued that medico legal examination report does not support the case of the prosecution. It is further pointed out that though investigating agency alleges that the applicant has sexually exploited the victim (aged about 14 years) for last two years, such reference is not found in the F.I.R.

The applicant claims that he is not involved in any other crime / offence. The charge-sheet is filed. Though the application is opposed on the ground that the offence / crime is of serious nature and there is evidence on record which prima facie shows involvement of the applicant in the commission of crime, the non-applicant has not been able to show that the custody of the applicant is required for further

2 ba448.17 investigation, hence following order is passed: The applicant having been arrested in Crime No.275/2016 registered by the non-applicant, he be released on bail on executing P.R. bond for Rs.20,000/- (Rs. Twenty Thousand) and three solvent sureties in the like amount out of which one solvent surety shall be of a person residing at Tunki, Tq. Sangrampur, Distt. Buldhana.

The applicant shall attend the trial before the Sessions Court regularly unless granted exemption by the Sessions Court.

The application is allowed in the above terms. JUDGE Tambaskar.