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Bombay High CourtBA/793/2015allowed

Lankesh S/O Pandhari Tidke (In Jail) v. State Of Maharashtra, Through P.S.O. P.S. Jawaharnagar, Bhandara

2015-11-26Hon'Ble Shri Justice A.B. Chaudhari2 pages

2611.ba.793.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA ) NO. 793 /2015 (Lankesh s/o Pandhari Tidke vs. The State of Maharashtra) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Shri J.M. Gandhi, Adv. for applicant Shri S.S. Doifode, APP for respondent CORAM: A.B.CHAUDHARI, J.

DATED : 26th November, 2015.

Heard.

The applicant was arrested on 7.11.2014 in respect of Crime No.101/2014 for offence punishable under Sections 376 and 504 of the IPC r/ws. 3 and 4 of the Protection of Children from Sexual Offences Act, 2012, registered at Jawaharnagar Police Station,Dist. Bhandara.

Undoubtedly, the minor girl was ravished by the applicant, but then the applicant is in jail since 7.11.2014. Appropriate care can be taken by protecting the interest of the prosecution witnesses by asking the applicant to stay away from the place where the witnesses and the prosecutrix resides. Hence, the following order :

2611.ba.793.15

ORDER

i) Criminal Application No. 793/2015 is allowed.

ii) The applicant is ordered to be released on bail on executing a P.R. bond for Rs. 20,000/ (rupees twenty thousand) with one solvent surety in the like amount, iii) The applicant shall not enter village Pimpri Tq. &District: Bhandara and shall cooperate with the investigating Officer as and when called and shall not tamper with the prosecution evidence. iv) The applicant to inform the concerned Police Station of his residential address and shall attend the trial.

v) The Sessions Trial is expedited and it shall be completed within a period of eight months. If necessary, the Superintendent of Police, Bhandara may extend the police protection to the witnesses. JUDGE sahare