Sandep Ramdas Pawar v. State Of Maharashtra And ANR

bipin prithiani 24-aba-1791.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1791 OF 2024 Sandeep Ramdas Pawar ...

Applicant

Versus

The State of Maharashtra & Anr.

...

Respondents ****** Mr. Krishna Tarde a/w Prashant Hagare for the Applicant. Ms. Megha S. Bajoria, APP for Respondent-State. Mr. K. H. Wagaj, PSI, Yavat Police Station, Pune (Rural). ****** CORAM: MANISH PITALE, J.

DATE : 23rd SEPTEMBER 2024 P.C. :

.

Heard learned counsel for the applicant and learned APP for the respondent-State.

2.

This Court, on 11th July 2024, granted interim relief in favour of the applicant, although the applicant is facing charges under Section 376(2)(n) and 506 of the Indian Penal Code, 1860 (IPC). The learned counsel for the applicant has reiterated the submissions made before this Court earlier. The learned APP informs this Court that the applicant has indeed abided by all the conditions imposed in the interim order and the charge-sheet is likely to be filed.

3.

While granting interim order, this Court had recorded the following reasons in favour of the applicant :

bipin prithiani 24-aba-1791.24.doc "7.

Considering the contents of the statement of the victim leading to registration of the FIR, this Court finds that it pertains to a period of at least two years when the applicant has been allegedly forcing himself on the victim. Prima facie, it appears to be unlikely that a woman, who is suffering such harassment and also being threatened about her nude photographs to be made public, would not take appropriate steps at the earliest.

8.

Secondly, this Court finds that documents are available on record to indicate that the applicant had been transferring certain amounts into the account of the brother of the victim and that there was some dispute relating to the return of amount. The report of non-cognizable offence dated 07.06.2024 placed on record also buttresses the contention raised on behalf of the applicant that the subject FIR is an afterthought and a counterblast. Therefore, this Court is inclined to grant interim relief to the applicant as he is ready to surrender his mobile phone and also to present himself before the investigating officer."

4.

Considering the fact that the applicant has cooperated with the investigation and for the reasons quoted hereinabove, the interim order deserves to be confirmed and the application can be allowed.

5.

In view of the above, the application is allowed and the interim order dated 11th July 2024 is confirmed. 6.

The applicant is directed to continue to cooperate with the investigation.

MANISH PITALE, J.

BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.09.24 10:13:04 +0530