← Library
Bombay High CourtAPPP/1743/2023allowed

Amol S/O Manohar Dhore v. The State Of Mah. Thr. Its Pso, Ps Hingna Distt. Nagpur And Another.

2023-11-01Hon'Ble Shri Justice S. G. Dige4 pages

2023:BHC-NAG:15910

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPP) NO.

1743 O F 202 I N BAIL APPLICATION (BA) NO.764 OF 2023 Amol s/o Manohar Dhore .Vs.

State of Maharashtra and another _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri Alpesh Deshmukh, Advocate along with Shri Tejas Deshpande, Advocate for the applicant.

Shri S.S. Hulke, APP for State.

CORAM :

SHIVKUMAR DIGE , J.

DATE :

1 st NOVEMBER, 3 .

1.

By this application, the applicant is seeking interim bail in Crime bearing No. 0377/2023 registered with Hingana Police Station, District Nagpur for the offences punishable under Sections 4, 5 and 7 of Immoral Traffic (Prevention) Act, 1956 read with Section 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

2.

It is prosecution case that applicant alongwith co-accused forced the victim girl to do prostitution. It is the contention of learned counsel for the applicant that during pendency of this application, applicant's father has

died. Applicant is elder son of his family. He has to perform last rituals of his father. Hence requested to release him on interim bail.

3.

Learned APP for the State strongly opposed the bail application on the ground that the applicant may abscond if he is released on bail. Hence requested to reject the application.

4.

I have heard both the counsel for the parties. Perused the First Information Report and death certificate of father of the applicant issued on 01.11.2023. 5.

The death certificate shows that father of applicant has expired on 28.10.2023. Applicant is the elder son of his family. He has to perform last rituals of his father.

6.

Considering this fact, I pass following order:- i) Criminal application is allowed.

ii) Applicant- Amol s/o Manohar Dhore be released on temporary bail till 15.11.2023 in Crime No.377/2023 registered with Police

Station Hingana, District: Nagpur for the offences punishable under Sections 4, 5 and 7 of Immoral Traffic (Prevention) Act read with Section 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, on his furnishing P.R. Bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one surety in the like amount.

iii] The applicant shall attend the concerned Police Station on every alternate day between 11.00 am to 1.00 p.m.

iv] The applicant shall surrender before the concerned Police Station on 15.11.2023 about 11.00 a.m.

7.

The Criminal Application stands disposed of accordingly.

BAIL APPLICATION (BA) NO.764 OF 2023 1.

Learned counsel for the applicant submits that during pendency of this application, charge-sheet has

been filed. Hence applicant be permitted to withdraw the application with liberty to file fresh bail application before the trial Court.

2.

Considering the request of the learned counsel for the applicant, bail application is dismissed and disposed of as withdrawn with aforesaid liberty. (SHIVKUMAR DIGE, J.) manisha