Abdul Sattar @ Zia S/O. Abdul Haq v. State Of Maharashtra Thr. Police Station Officer, Police Station Old Kamptee Nagpur

aba647.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA)NO.647/2017 Abdul Sattar @ Zia s/o Abdul Haq ..vs.. State of Maharashtra through PSO P.S. Old Kamptee, Nagpur _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. B. H. Tekam, Advocate for applicant.

Mr. T. A. Mirza, A.P.P. for non applicant-State. CORAM : V.M. DESHPANDE, J.

DATED :

SEPTEMBER 12, 2017 Mr. B. H. Tekam, Advocate for applicant and Mr. T. A. Mirza, A.P.P. for non applicant-State. Though case is coming for the first time, learned A.P.P. is armed with instructions and has filed reply on behalf of the State. The reply is taken on record. The applicant is apprehending his arrest in connection with Crime No.30/2017, registered with Police Station, Old Kamptee, Nagpur for an offence punishable under Sections 376, 363 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

Even as per the prosecution, age of the prosecutrix is 17 years 11 months. The police papers show that consent is not completely ruled out. Looking to the age of the prosecutrix, it is clear that the victim is at the verge of attending the age of consent.

The reply shows that custodial presence of the applicant is necessary for the

aba647.17.odt purpose of interrogation only and that can be achieved by directing the applicant to attend Police Station. In view of above, following order is passed.

ORDER

(i) Criminal Application No.647/2017 is allowed.

(ii) The applicant Abdul Sattar @ Zia s/o Abdul Haq, in the event of his arrest in connection with Crime No.30/2017, registered with Police Station, Old Kamptee, Nagpur for an offence punishable under Sections 376, 363 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012, be released on bail on he executing P.R. Bond in the sum of Rs.25,000/- with two solvent sureties in the like amount.

(iii) The applicant shall attend Police Station, Old Kamptee, Nagpur on 14.09.2017, 16.09.2017, 18.09.2017 and 19.09.2107 and shall remain with the investigating officer from 11.00 a.m. to 5.00 p.m. During this period, it is expected that the investigating officer will complete the entire investigation.

(iv) The applicant shall not extend any threats to the victim or any of the witnesses.

The application is disposed of accordingly.

JUDGE kahale