Gajanan @ Gaju Ganeshrao Rane v. State Of Maharashtra, Thr. Pso Walgaon, Amravati

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) 596 OF 2016 (Gajanan @ Gaju Ganeshrao Rane Vs. The State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V. L. Navlani, Advocate for the applicant. Shri R. S. Nayak, A.P.P. for the State.

CORAM : S. B. SHUKRE, J.

DATED : 28 JULY, 2016 Heard.

It is an admitted fact that for the offences punishable under Sections 448 and 354 of the Indian Penal Code initially registered against this applicant, he was granted bail by the trial Court. The applicant came to be arrested subsequently in this very crime when supplementary statement of the mother of the victim was recorded wherein she alleged that this applicant had slept over the victim. A perusal of this statement dated 12/3/2016 discloses that what is alleged is only sleeping over the victim and not anything regarding particular act, which would amount to commission of rape, punishable under Section 376 I.P.C.

The possibility of attempt to commit rape, though may be there, however, considering the fact that

this applicant was already released on bail in this crime and also the fact that there has been improvement in the prosecution case tried to be made against this applicant subsequently and that the charge-sheet has also been filed, now, the applicant is not required to be kept in custody for any longer period of time.

The application is allowed and it is directed that the applicant be released on bail on his furnishing a P. R. Bond in the sum of Rs.25,000/- together with one solvent surety in the like amount on the conditions that the applicant shall regularly attend the Court on the dates fixed in the case, shall cooperate with the Court in expeditious disposal of the case against him and shall not tamper with the prosecution witnesses.

JUDGE wwl

CERTIFICATE "I certify that this order uploaded is a true and correct copy of original signed order."

Uploaded by : W. W. Lichade Uploaded on : 29/7/2016