Ankush S/O. Ganesh Bokde (In Jail) v. The State Of Maharashtra Thr. P.S.O. P.S Pachpaoli Dist. Nagpur

1 ba618.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 618 OF 2017 (ANKUSH S/O GANESH BOKDE...VS...STATE OF MAH. THR. P.S.O. PS PACHPAOLI, DIST.NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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. Band, Advocate for Applicant.

Shri A. D. Sonak, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : 11 th JULY, 2017.

The applicant is arrested on 8th February, 2017 in connection with crime registered against him for the offences punishable under Section 376(2)(i)(n) of the Indian Penal Code and Sections 5(l), 6 of the Protection of Children from Sexual Offences Act.

The crime is registered on the complaint lodged by prosecutrix, aged about 15 years that taking undue advantage of acquaintance, the applicant has sexually assaulted her during the period from November-2016 till 6th February, 2017.

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 a labourer.

Considering the facts of the case, following order is passed :

2 ba618.17 The applicant having been arrested in connection with Crime No.45 of 2017 registered by the non-applicant, he be released on bail on executing P. R. Bond of Rs.25,000/- and furnishing one solvent surety in the like amount. 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. While dictating the order, it is noticed that crime number is wrongly mentioned in the prayer clause of the application. The learned advocate for the applicant stated that it is due to inadvertent mistake on his part. The advocate for the applicant shall deposit Rs.1,000/- with the High Court Legal Service Sub-Committee, Nagpur and produce receipt. The writ/certified copy of the order shall be given only after receipt showing deposit of amount is produced.

JUDGE PBP