Aslam Husenbasha Jamadar v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2769 OF 2025 Aslam Husenbasha Jamadar ...Applicant
Versus
State of Maharashtra And Anr.
...Respondents
_______ Mr. Jaydeep D. Mane, for Applicant.
Mr. Nitin B. Patil, APP for the Respondent No.1-State. Ms. Vrunali Vilankar for Respondent No.2.
_______
CORAM
:
SHIVKUMAR DIGE, J.
DATE :
10th SEPTEMBER 2025 P.C.
1.
By this application, applicant is seeking regular bail in Crime No.07 of 2025 registered with Akkalkot North Police Station, District Solapur for the offences punishable under Sections 79 and 294 of the Bharatiya Nyaya Sanhita, 2023 (for short "BNS") and Sections 12 of the Protection of Children From Sexual Offences Act, 2012 and Section 67 of the Information Technology (Amendment) Act, 2008.
2.
It is prosecution's case that applicant is driver on the school bus of the victim. On 7th January, 2025 he shown obscene Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2025.09.12 11:37:50 +0530 SAJAKALI LIYAKAT JAMADAR video to the victim, who was 7 years and 3 months old.
3.
It is contention of learned counsel for applicant that applicant is behind bar around 9 months. The maximum punishment for the offences registered against the applicant is three years. The Applicant is Karta of his family. Investigation is completed and charge-sheet has been filed. It may take time to conclude the trial. Hence, requested to allow the application.
4.
It is contention of learned A.P.P. along with learned counsel for Respondent No.2 that applicant is driver on the school bus from which victim was going to school. Applicant has misused his position. If applicant is released on bail, he may threaten the victim or prosecution witnesses. Hence, requested to reject the application. 5.
I have heard all the learned counsels, perused the FIR and documents produced on record. The applicant is behind bar around nine months. The maximum punishment for the offences registered against the applicant is three years. Investigation is completed and charge-sheet has been filed. It may take time to conclude the trial. Considering these facts, his further detention is not required. 6.
In view of the above, I pass the following order :
ORDER
(i) Application is allowed;
(ii) The applicant be enlarged on bail in Crime No.07 of 2025 registered with Akkalkot North Police Station, District Solapur, on executing P.R.Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.
(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the victim, witnesses or any person concerned with the case. 7.
The application is allowed in the aforesaid terms and is accordingly disposed off.
8.
It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.
9.
All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)