Pradeep S/O Shriram Pawar v. The State Of Maharashtra, Through P.S.O. P.S. Dharni, Amravati

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [BA] No. 736 of 2015 [Pradeep Shriram Pawar Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. M.P. Kariya, Adv., for the applicant.

Mrs. Deshmukh, APP for respondent.

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CORAM

:

V.M. DESHPANDE, J.

DATE :

19th October, 2015.

This is an application for bail. The applicant is arrested in connection with Crime No. 186/2015 registered with Police Station, Dharni, Distt. Amravati, for the offences punishable under Sections 376 and 506 of Indian Penal Code read with Section 4 of the Protection of Children from Sexual Offices Act, 2012. Heard learned Adv. Mr. M.P. Kariya for the applicant and Mrs. Deshmukh, learned APP for the respondent-State.

The investigation is over. Charge-sheet is already filed.

The prosecutrix herself is first informant. Even

according to the First Information Report, her age is seventeen years and six months. The First Information Report is in respect of the incident dated 18th May, 2015. However, the First Information Report was lodged on 23rd May, 2015. No explanation is given for lodging the First Information Report belatedly. If the First Information Report is read with a microscopic eye, then it reveals that the prosecutrix must have received some injuries on her person, since, according to the FIR, physical violence was also done by the present applicant. However, Injury Certificate shows that external injuries were noticed on the prosecutrix. Looking to the aforesaid position with the fact that the FIR is lodged belatedly and investigation is already over, the further custodial presence of the applicant is not necessary. Hence the following order:-

O R D E R

[a] Criminal Application [BA] No. 736 of 2015 is allowed.

[b] The Applicant - Pradeep Shriram Pawar be released on bail on he executing a Personal Bond of Rs. 25,000/- [rupees twenty-five thousand only] with one solvent surety in the like amount in Crime No. 186/2015 registered with Police Station, Dharni, Distt. Amravati, for the offences punishable under

Sections 376 and 506 of Indian Penal Code read with Section 4 of the Protection of Children from Sexual Offences Act, 2012.

[c] The applicant shall attend Police Station once in a fortnight, i.e., on second and third Tuesday between 3.00 p.m., and 5.00 p.m., till the culmination of trial.

[d] The applicant shall not extend a threat of any nature to the prosecutrix.

With this application is allowed and disposed of. Judge |hedau|