Ramesh Rajaram Salvi v. State Of Maharashtra And ANR

905_ABA2186_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2186 OF 2024 Ramesh Rajaram Salvi ...

Applicant Vs.

State of Maharashtra and another ...

Respondents Mr. Babu Singh for Applicant.

Mr. Bapu V. Holambe-Patil, APP for Respondent-State. CORAM : MANISH PITALE, J.

DATE : AUGUST 23, 2024 P.C. :

.

Heard Mr. Singh, learned counsel for the applicant and Mr.Holambe-Patil, learned APP for the respondent-State. 2.

The applicant is apprehending arrest in connection with FIR No.0256 of 2024 dated 28.04.2024 registered with Miraj Gramin Police Station, District - Sangli, for offence under Section 363 of the Indian Penal Code, 1860 (IPC).

3.

Subsequently, offences under Sections 354, 366, 504, 506 read with Section 34 of IPC and Sections 7, 8, 11, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) were added. 3.

Since offences under the POCSO Act have been added, the informant is made party respondent No.2. Hence, issue notice to the respondent No.2, returnable on 24.09.2024, High on Board. Respondent No.2 shall be served through the investigating officer, for which purpose, the applicant shall provide an additional set of papers to the investigating officer.

4.

The learned counsel for the applicant is pressing for interim relief. He submits that even if the allegations are to be taken into consideration, MINAL SANDIP PARAB by MINAL SANDIP PARAB Date: 2024.08.23 14:25:58 +0530 1/2

905_ABA2186_24.doc there is no overt act attributed to the applicant as regards any of the offences, concerning the victim in the present case. The only allegation appears to be that the step son of the applicant, who was in love with the victim girl, had brought the girl to the house of the applicant. 5.

In fact, the Sessions Court has also noted that there are no allegations of sexual intercourse even against the co-accused i.e. the step son of the applicant. In such circumstances, this Court is convinced that the applicant has made out a ground for issuing interim order in his favour.

6.

In view of the above, there shall be interim order in the following terms:- A.

Till the next date, in the event the applicant is arrested in connection with FIR No.0256 of 2024 dated 28.04.2024 registered with Miraj Gramin Police Station, District - Sangli, he shall be released on bail on furnishing PR Bond of Rs.25,000/- [Rupees Twenty Five Thousand only] with one or two sureties in the like amount;

B. The applicant shall remain present before the investigating officer as and when called by the investigating officer. He shall co-operate with the investigation;

C. The applicant shall not influence the informant, witness or any person concerned with the case and he shall not tamper with the evidence.

7.

Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled.

8.

List on 24.09.2024, High on Board.

(MANISH PITALE, J.) 2/2 Minal Parab