Bombay High CourtBA/610/2017allowed

Salman Niyamatkhan Pathan (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Police Station Samudrapur, Dist. Wardha

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

1 ba610.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (BA) NO. 610 OF 2017 (SALMAN NIYAMATKHAN PATHAN...VS.. STATE OF MAH.THR.P.S.O., SAMUDRAPUR, WARDHA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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.Manohar, Advocate for Applicant.

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

CORAM : Z.A.HAQ, J.

DATED : JULY 07, 2017.

Heard.

The applicant is arrested on 3rd December, 2016 in connection with crime registered against him for the offences punishable under Sections 376(2)(1)(i)(n) and 506 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012. The crime is registered on the complaint lodged on 1st December, 2016 by the prosecutrix (aged about 15 years) that about 4 months earlier the applicant had called the prosecutrix at his house, caught hold of her hands, took her inside his house and committed the offence.

The investigation is complete and charge-sheet is filed. The non-applicant has not been able to point out that the custody of the applicant is required for further investigation. The applicant, aged about 22 years, claims to be labourer and has stated that he is not involved in any other crime/ offence.

2 ba610.17 Considering the facts of the case, following order is passed:

The applicant, having been arrested in connection with Crime No. 684 of 2016, registered by the non-applicant, he be released on bail on executing P.R. Bond for Rs.Twenty Thousand and on furnishing one solvent surety in the like amount.

The application is allowed in the above terms. JUDGE RRaut..