Bombay High CourtBA/879/2018allowed

Ganpat S/O. Jejarao Solanke (In Jail) v. The State Of Maharashtra Thr. P.S.O., P.S. Murtizapur(R)

2018-10-11Hon'Ble Shri Justice Z.A. Haq2 pages

1 ba879.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.879 OF 2018 (GANPAT JEJARAO SOLANKE...VS.. STATE OF MAH. THR. PSO PS MURTIZAPUR, DIST. AKOLA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.V.Sirpurkar, Advocate for Applicant.

Shri T.A.Mirza, A.P.P. for Non-applicant/State. CORAM : Z.A.HAQ, J.

DATED : OCTOBER 11, 2018.

Heard.

The applicant is arrested on 18th June 2018 in connection with Crime No.120 of 2018 registered by the nonapplicant for the offences punishable under Sections 376, 313 and 312 of the Indian Penal Code read with Section 4, 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 and Sections 5(2), (3), (4) and 7(3) of the Medical Termination of Pregnancy Act, 1971 and Section 33 of the Medical Practitioners Act, 1961.

The accusations against the applicant are that he accompanied the victim (aged about 10 years) and her mother to a hospital and facilitated abortion. The applicant, aged about 45 years, claims to be an agriculturist and has stated that any other crime/ offence is not registered against him. The investigation is complete and charge-sheet is filed. Co-accused-Dayal Ramji Chavhan is released on bail as per the order passed by this Court on Criminal Application (BA) No. 688 of 2018 on 3rd August 2018. The non-applicant has not been able to point out that further custody of the applicant is required by it.

2 ba879.18 Hence, the following order:

The applicant, having been arrested in connection with Crime No.120 of 2018, registered by the non-applicant, he be released on bail on executing P.R. Bond of Rs.Twenty Thousand and furnishing one solvent surety in the like amount.

The applicant shall attend the sessions trial on every date, unless granted exemption by the Sessions Court. The learned Sessions Judge shall expedite the trial and complete it within one year.

If any accused protracts the matter, the Sessions Court shall refer his case for cancellation of bail. The application is allowed in the above terms. CRI.APPLN.NO. 1628/2018.

In view of disposal of the Bail Application, the application praying for grant of time to file relative affidavit and typed copy of FIR, does not survive, hence, it is disposed. JUDGE RRaut..