Mohammad Irfan Mohammad Ayam And Another v. State Of Mah. Thr. Pso Ps Arni Dist.Yavatmal And Another

Judgment apeal702.22 10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPEAL NO.702 OF 2022

1. Mohammad Irfan Mohammad Ayam, aged about 24 years, occupation labour.

2. Faimoddin Gyasoddin Kazi, aged about 24 years, occupation labour.

Both r/o Dehani, taluka Arni, district Yavatmal. (Presently in jail). ..... Appellants. :: V E R S U S ::

1. State of Maharashtra, Through Police Station Officer, Police Station Arni, District Yavatmal.

2. XYZ (In Crime No.460/2022) Registered by PSO PS Arni, district Yavatmal. ..... Respondents. ========================================= Shri Sajid Varshani, Counsel for Appellants.

Shri S.G.Karmarkar, Counsel for Respondent 2. Shri M.J.Khan, Additional Public Prosecutor for the State. =========================================

CORAM

: ROHIT B.DEO & URMILA JOSHI-PHALKE , JJ .

DATE : 16/12/2022 ORAL JUDGMENT (Per : Rohit B.Deo, J.) 1.

The challenge is to order dated 29.9.2022 rendered by learned Additional Sessions Judge, Darwha refusing bail in Crime 460/2022 registered with Police Station Arni, district Yavatmal for offences punishable under Sections 363, 466, 366-A, and 212 read with Section 34 of the Indian Penal Code and under Section 376(2) (n), and 506 along with Sections 4 and 6 of the Protection of .....2/-

Judgment apeal702.22 10 Children from Sexual Offences Act, 2012 (POCSO Act) and under Sections 3(2)(v-a), 3(2)(v)m, 3(1)(w)(i)(ii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocity) Act. 2.

The allegation is that co-accused Aadil abducted seventeen-year-old daughter of the informant and established physical relationship with her. The role attributed to the appellants is of assisting said Aadil.

3.

The co-ordinate bench granted interim bail vide order dated 28.10.2022.

4.

It is not the case of the prosecution that conditions of bail are not complied with.

5.

We are satisfied that a case for confirmation of the interim bail is made out, considering the limited role attributed to appellants.

6.

The interim bail dated 28.10.2022 is made absolute. (URMILA JOSHI-PHALKE, J.) (ROHIT B.DEO, J.) !! BrWankhede !!

BHUSHAN RANA WANKHEDE Date: 2022.12.16 17:16:36 +0530 BHUSHAN RANA WANKHEDE ...../-