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Bombay High CourtBA/871/2015allowed

Sarika D/O Mahesh Pande v. State Of Maharashtra, Through P.S.O. P.S. M.I.D.C. Crime Brarnch, Nagpur

2016-01-07Hon'Ble Shri Justice A.B. Chaudhari3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [BA] No. 871 of 2015 [Sarika Mahesh Pande 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. Prakash Jaiswal, Adv., for the Applicant. Ms. Mehta, APP for respondent.

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CORAM

:

A. B. CHAUDHARI, J.

DATE :

07th January, 2016.

Heard learned counsel for the rival parties.

The applicant was arrested on 11th July, 2015. Learned APP opposed the application on the ground that applicant is habitual in indulging in the offences under the Immoral Traffic Act and bail should not be granted.

The Applicant, who is a woman, is in jail from 11th July, 2015 and as the charge-sheet has been filed, trial can commence. Thus, the applicant can be released on bail on the condition that she should furnish an Undertaking on affidavit in this application that she would not indulge in similar type of offences in future. Hence the following order:-

O R D E R

[a] Criminal Application [BA] No. 871 of 2015 is allowed.

[b] Applicant shall be released on bail upon furnishing a Personal Bond in a sum of Rs.

20,000/- [rupees twenty thousand only] with one surety in the like amount in Crime No. 219/15 registered with MIDC Police Station, Nagpur, for the offences punishable under Sections 376 (2) (I), 370, 370 (A), 420, 384, 372, 373, 366, and 170 read with Section 34 of Indian Penal Code, read with Sections 4,6, 10 and 17 of the Protection of Children from Sexual Assault Act and read with Sections 3,4,5, 6 and 7 of the Immoral Traffic Act.

[c] The applicant shall furnish an Undertaking on affidavit in this application that she would not indulge in similar type of

offences in future, within two weeks from today; else this order granting her bail shall stand cancelled.

Judge |hedau|