Bombay High CourtBA/461/2017allowed

Prashat S/O. Suresh Nafde (In Jail) v. The State Of Maharashtra Thr. P.S.O. P.S. Kotwai Nagpur

2017-07-01Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba461.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 461 OF 2017 (PRASHANT S/O SURESH NAFDE...VS.. STATE OF MAH. THR. P.S.O. PS KOTWALI. DIST.NAGPUR ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. S. Band, Advocate for Applicant.

Shri N. R. Patil, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 1 st JULY, 2017.

Heard.

The applicant is arrested on 7th May, 2017 in connection with crime registered against him for the offences punishable under Sections 376(2)(i) and 376(2)(j) of the Indian Penal Code and Sections 3(B), 4 and 8 of the Protection of Children from Sexual Offences Act, 2012. The crime is registered on the complaint lodged by Shakera Akhtar that the applicant has sexually assaulted 4 year old daughter of complainant by putting his finger in the private part of the victim. The report about the incident alleged to have taken place on 26th April, 2017 is lodged on 30th April, 2017. The Medico Legal Examination Report does not give conclusive opinion and in my view, it would not be proper to make any observation regarding the same at this stage.

The applicant, aged about 49 years, claims that he is working as Senior Lecturer at a training center and is not

2 ba461.17 involved in any other crime/offence. The applicant is in custody for almost seven weeks. The non-applicant has not been able to point out that further custody of the applicant is required for investigation.

In the facts of the case, following order is passed : The applicant having been arrested in connection with the Crime No.62 of 2017 registered by the nonapplicant, he be released on bail on executing P. R. Bond of Rs.25,000/- and furnishing two solvent sureties in the like amount.

The application is allowed in the above terms. JUDGE PBP