Bombay High Court
Sameer @Sameer Ali Ajmat Ali Pathan vs State Of Maharashtra, Thr. Pso, Ps, ... on 10 January, 2020
Author: V. M. Deshpande
Bench: V.M. Deshpande
1 ba1204.19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (BA) NO.1204/2019
Sameer alias Ali Amjat Ali Pathan .vs. State of Maharashtra through PSO
P.S. Andhera, Dist. Buldhana.
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. K. P. Sadavarte, Advocate for applicant.
Mr. N. B. Jawade, A.P.P. for non applicant-State.
CORAM : V. M. DESHPANDE, J.
DATED : JANUARY 10, 2020
Heard Mr. Sadavarte, learned counsel for
applicant and Mr. Jawade, learned A.P.P. for non applicant-
State. Perused the investigation papers.
Applicant is arrested in connection with Crime
No.309/2019, registered with Police Station, Andhera,
District Buldhana on 26.11.2109 and since then he is in jail.
The learned A.P.P. primarily opposed the application on the
ground that the investigation is in progress and charge-sheet
is yet to be filed. However, he fairly makes a statement that
on the basis of the papers available with him, it could be said
that the investigation is almost over and formality of only
filing of charge-sheet is remained to be done.
Initially, the crime was registered only for the
offence punishable under Sections 363, 324 read with
Section 34 of the Indian Penal Code (IPC) against the
applicant in view of the report lodged by Sangeeta, mother
of the victim. Subsequently, Sections 354 (A) and (B) of the
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IPC and Sections 8, 9 and 10 of the Protection of Children
From Sexual Offences Act came to be added. Further, after
recording statement of the victim under Section 164 of the
Code of Criminal Procedure, Section 376 of the IPC was also
added.
So far as statement concerning offence
punishable under Section 376 of the IPC, as made by the
victim, is concerned, prima facie it appears to be not
supported by the medical evidence. Of course, even in the
absence of any medical evidence, if version of the
prosecutrix is found to be trustworthy, the applicant can be
convicted but it is a matter of trial.
Presently, entire investigation is over. Further,
looking to the fact that there is no criminal record against
the applicant, in my view, the applicant can be released on
bail inasmuch as it will be the duty of the prosecution to
prove the age of the victim to show that she was "Child"
within the meaning of the provisions of the POCSO Act as,
according to the prosecution, she has shown her age as 17
years.
In that view of the mater, I pass following order.
ORDER
(i) The application is allowed.
(ii) Applicant-Sameer alias Sameer Ali Ajmat Ali
Pathan be released on bail in connection with Crime No. 309/2019 registered with Police Station, Andhera for an offence punishable under Sections 363, 323, 354(A) (B), 376 read with Section 34 of the Indian Penal Code and ::: Uploaded on - 10/01/2020 ::: Downloaded on - 11/01/2020 06:08:44 ::: 3 ba1204.19.odt Sections 8, 9 and 10 of the Protection of Children From Sexual Offences Act, on he executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.
(iii) The applicant is directed to attend Police Station, Andhera, Dist. Buldhana, twice a week till i.e. on every Monday and Saturday and shall be with the investigating officer from 11.00 a.m. to 03.00 p.m. till culmination of trial.
(iv) The observations made in this order are purely prima facie in nature. They are made only for the purpose of deciding present application and the trial Court shall not get influenced by any of the observations made in this order.
The application is disposed of.
JUDGE kahale ::: Uploaded on - 10/01/2020 ::: Downloaded on - 11/01/2020 06:08:44 :::