Shaikh Samir @ Chinya S/O Sk. Babbu @ Sk. Nazir v. State Of Maharashtra, Thr. P.S.O. Ner, Yavatmal

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [APPA] No.606 of 2016 in Criminal Appeal No.355 of 2016 (Shaikh Samir @ Chinya s/o Sk. Babbu @ Sk. Nazir vs.

State of Maharashtra, through P.S.O. Ner, District Yavatmal) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.R. Ghatole, Advocate for the Applicant/Appellant. Shri C.A. Lokhande, A.P.P. for the Non-Applicant/State.

CORAM

: S.B. SHUKRE, J.

DATE : 21 st SEPTEMBER, 2016.

Heard the learned Counsel for the applicant and the learned A.P.P. for the State.

I have gone through the evidence of the victim PW-1 Anjali, her mother PW-2 Sunita and other prosecution witnesses. It is seen that no satisfactory proof of age of the victim has been brought on record and her age as to be of about 14 years has been determined by the trial Court on consideration of the evidence of the victim and her mother only. It appears that the trial Court has not considered the material admissions given by the mother of the victim that the biological father of the victim died about 19 years ago before the incident. It is also seen that the prosecutrix has accompanied the appellant from one place to another, which

2/3 included the house of sister of the appellant. If such evidence available on the record, I am of the view that the appellant has made out an arguable case in the matter. Therefore, the appellant deserves to be released on bail by suspending the substantive sentences of imprisonment.

Accordingly, this application is allowed and it is directed that the substantive sentences of imprisonment be suspended till final disposal of the appeal and till that time, the appellant be released on bail on his furnishing a P.R. Bond in the sum of Rs.20,000/- together with one solvent surety in the like sum on the condition that the appellant shall attend this Court as and when required and also on the condition that the appellant shall pay fine amount within one week from the date of his release from the jail.

The application is disposed of in these terms. JUDGE *sdw

3/3 C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of the original signed order.

Uploaded by: S.D. Waghmare Uploaded on : 22/09/2016 P.A. to the Hon'ble Judge.