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Bombay High CourtBA/578/2018allowed

Sohali Khan @ Munna Don S/O. Eliyas Khan (In Jail) v. State Of Maharashtra Thr. Police

2018-06-26Hon'Ble Shri Justice Rohit Baban Deo2 pages

ba578of18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) 578 OF 2018 (Sohail Khan @ Munna Don ..vs.. State, thr PSO, PS Khandan Police Station, Dist Akola) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri S.G. Joshi, counsel for the applicant.

Shri C.A. Lokhande, APP for State.

CORAM: ROHIT B. DEO, J.

DATE: 26 th June, 2018.

Heard.

The applicant is in custody since 28.8.2017 in connection with Crime 395 of 2017 registered at Police Station Khadan, District Akola for offence punishable under sections 366-A, 354, 354 (A) (D), 376 of the Indian Penal Code read with sections 3, 4, 11 and 12 of the Protection of Children from Sexual Offences Act.

The prosecutrix, who is alleged to be 17 years and 7 months at the relevant time, is now an adult and she and the applicant have entered into matrimonial alliance on 17.6.2018 when the applicant was granted interim bail on the occasion of Eid. The learned APP Shri C.A. Lokhnade was asked to verify whether the prosecutrix had married the applicant. The statement of the prosecutrix is recorded and she confirms to have married the applicant on 17.6.2018. In this view of the matter, it would be futile to permit the continued incarceration of the applicant in jail.

ba578of18.odt 2 The applicant be released on furnishing personal bond of Rs. 15,000/- with a solvent surety of like amount. JUDGE RSB