Ganpat S/O. Mandal Walthare (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Police Station Sakoli Dist. Bhandara

1 ba581.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 581 OF 2017 (GANPAT S/O MANDAL WALTHARE...VS.. STATE OF MAH. THR. P.S.O. PS SAKOLI, TAH-SAKOLI, DIST.BHANDARA ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R. V. Khaparde, Advocate for Applicant.

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

CORAM : Z.A.HAQ, J.

DATED : 3 rd JULY, 2017.

Heard.

The applicant is arrested on 18th January, 2017 in connection with crime registered against him and Seven others for the offences punishable under Sections 376(2)(j), 363, 496, 323 and 120-B read with Section 34 of the Indian Penal Code, Sections 9, 10 and 11 of the Prohibition of Child Marriage Act, 2007 and Sections 4, 6 and 10 of the Protection of Children from Sexual Offences Act, 2012, on the accusations that under the pretext of taking the complainant (aged about 16 years and 6 months) for treatment, the accused took the complainant to Ajmer (Rajasthan), and solemnized her marriage forcibly with accused No.8 - Uddhal, who sexually assaulted the victim. The accusations against the applicant are that he was member of the group which committed offence of abduction and kidnapping. The charge-sheet is filed on 17th April, 2017. The non-applicant has not been able to show that the custody of

2 ba581.17 the applicant is required for further investigation. The applicant has stated that he is not involved in any other crime/offence.

Considering the facts of the case and the nature of accusations against the applicant, following order is passed : The applicant having been arrested in connection with Crime No.14 of 2017 registered by the non-applicant, he be released on bail on executing P. R. Bond of Rs.50,000/- and furnishing two solvent sureties for Rs.25,000/- each. The application is allowed in the above terms. JUDGE PBP