Nilesh S/O. Revasingh Chavhan (In Jail) v. State Of Maharashtra Thr. Police Station Officer Police Station Narkhed Nagpur (Gramin)

1 ba541.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 541 OF 2017 (NILESH S/O REVASINGH CHAVHAN...VS...STATE OF MAH. THR. P.S.O. PS NARKHED, DIST.NAGPUR(GRAMIN) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A. K. Bhangde, Advocate for Applicant.

Shri T. A. Mirza, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 13 th JULY, 2017.

Heard.

The applicant is arrested on 21st October, 2016 in connection with crime registered for commission of offences punishable under Section 376(2)(h) of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.

The crime is registered on the complaint of prosecutrix (aged about 16 years and 4 months), that assuring to marry her, the applicant has sexually exploited her during the period of 1 month prior to lodging of complaint.

The application is opposed on the ground that the applicant is habitual offender and earlier two crimes are registered against him out of which one crime is for commission of similar offence.

2 ba541.17 The investigation is complete and charge-sheet is filed. The non-applicant has not been able to point out that further custody of the applicant is required for investigation. Revasingh Gangaramsingh Chavhan, father of the applicant, has filed an affidavit showing willingness to stand surety for the applicant in case he is released. In the facts of the case, following order is passed: The applicant having been arrested in connection with Crime/FIR No.127 of 2016, he be released on bail on executing P. R. Bond for Rs.25,000/- and furnishing one solvent surety in the like amount which solvent surety shall be furnished by Revasingh Gangaramsingh Chavhan, father of the applicant.

The applicant shall attend the trial before the Special Court regularly on every date unless granted exemption by the Special Court.

The application is allowed in the above terms. JUDGE PBP