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Bombay High CourtBA/762/2015allowed

Pramod @ Parmeshwar S/O Gajanan Chavan (In Jail) v. The State Of Maharashtra, Through P.S.O. P.S. Nandura, Buldana

2015-10-20Hon'Ble Shri Justice V.M. Deshpande3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [BA] No.762 of 2015 (Pramod @ Parmeshwar s/o Gajanan Chavan vs.

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

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. R.M. Daga, Advocate for the Applicant.

Mr. A.K. Bangadkar, A.P.P. for the Non-Applicant/State.

CORAM

: V.M. DESHPANDE, J.

DATE : OCTOBER 20, 2015.

By the present application, the applicant is seeking his enlargement on bail in connection with Crime No.69/2015, registered with Police Station Nandura, District Buldana for the offences punishable under Sections 376-N, 452, 504 and 506 of the Indian Penal Code read with Sections 3 and 4 of the Protection of Children from Sexual Offences Act.

Heard Mr. Daga, learned Counsel for the applicant and Mr. Bangadkar, learned A.P.P. for the non-applicant/ State.

The F.I.R. is dated 26/05/2015. It is lodged by the prosecutrix herself. The F.I.R. shows that lastly the applicant has committed sexual intercourse with the prosecutrix on 03/05/2015. However, the F.I.R. is lodged belatedly on

2/3 26/05/2015 and the reason, which could be gathered from the F.I.R. is that on 25/05/2015, the applicant again tried to have some sort of relations with the prosecutrix, which were failed.

Though there is certain explanation in the F.I.R. itself, looking to the fact that the investigation is already over and the charge-sheet is already filed before the Court of law, the apprehension of the State can be taken care of by putting certain conditions on the applicant while releasing on bail. Hence, the following order :

1.

The application is allowed.

2.

Applicant-Pramod @ Parmeshwar Gajanan Chavan be released on bail on he executing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount in connection with Crime No.69/2015, registered with Police Station Nandura, District Buldana for the offences punishable under Sections 376-N, 452, 504 and 506 of the Indian Penal Code read with Sections 3 and 4 of the Protection of Children from Sexual Offences Act, before the Trial Court.

3.

The applicant shall attend the Police Station Nandura once in a fortnight preferably on second and fourth

3/3 Tuesday, till the charge is framed against him by the Trial Court.

4.

The applicant shall not extend any threat, whatsoever in the nature, to the prosecutrix or her family members till culmination of the trial.

5.

With these, the application is disposed of.

JUDGE *sdw