Najju @ Najir Khan S/O Pir Khan Pathan (In Jail) v. State Of Maharashtra, Through P.S.O. P.S. Mangrul (Dastagir) Amravati

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 890 OF 2015 (NAJJU @ NAJIR KHAN S/O.PIR KHAN PATHAN ...VS..STATE OF MAH., THR. PSO, PS MANGRUL, DIST. AMRAVATI.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : MARCH 03, 2016.

Heard Shri T.U.Tathod, advocate for the applicant and Shri M.J.Khan, A.P.P. for the non-applicant. The applicant is arrested in the crime registered for the offences punishable under Sections 376(1)(2), 315, 506 of the Indian Penal Code, Sections 4, 6, 8, and 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(01)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The accusations against the applicant are that he has repeatedly committed aggravated penetrative sexual assault on the victim (aged about 15 years) because of which she delivered a child who died after 4-5 days. The learned A.P.P. has opposed the application pointing out that the offence is of serious nature as per Section 5(2)(j) of the Protection of Children from Sexual Offences Act, 2012 and if the applicant is found guilty, punishment of imprisonment for not less than ten years will have to be imposed and it may extend to imprisonment for life.

2 ba890.15 With the assistance of the learned advocate for the applicant and the learned A.P.P., I have gone through the charge-sheet. The ingredients necessary to constitute the offence punishable under Section 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, prima-facie are not made out and the prosecution will have to establish its case against the applicant. Considering the nature of the incident, nature of the allegations, fact that the charge-sheet is filed and that the non-applicant has not been able to show that the custody of the applicant is necessary for further investigation, in my view, the applicant is entitled to be released on bail. Hence, the following order :

The applicant, having been arrested in Crime No. 72 of 2015, registered by the non-applicant, he be released on bail on furnishing P.R. bond for Rs.Twenty Thousand and one solvent surety in the like amount.

The applicant shall attend every date of the trial before the Special Court, unless granted exemption by the Special Court. If the applicant fails to attend any date of the trial before the Special Court without seeking exemption from the Sessions Court, this order shall stand recalled. The application is allowed in the above terms. JUDGE RRaut..