Bombay High Court
Mohd Shahanawaz Pirmohamad ... vs The State Of Maharashtra on 22 February, 2019
Author: Prakash D. Naik
Bench: Prakash D. Naik
osk 931-ba-219-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 219 OF 2019
Mohd. Shahanawaz Pirmohamad Shaikh
@ Shanu ... Applicant
V/s.
The State of Maharashtra ... Respondent
• Mr.M.P. Mishra for the Applicant.
• Mrs.G.P. Mulekar, APP for the Respondent.
CORAM : PRAKASH D. NAIK, J.
DATE : 22 nd FEBRUARY, 2019. P.C. : 1] This is an application for bail in C.R. No. 274 of 2013
registered with Meghwadi Police Station for the offence punishable under Sections 363, 376, 377 of the Indian Penal Code [for short, "I.P.C."] and Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 [for short, "P.O.C.S.O. Act"]. The investigation was completed and the Charge-sheet was filed. The proceedings are pending before the Special Court vide POSCO Special Sessions Case No. 292 of 2015.
2] The Applicant was granted bail by the Special Court by 1/3 ::: Uploaded on - 26/02/2019 ::: Downloaded on - 21/03/2019 02:27:06 ::: osk 931-ba-219-2019.odt
order dated 21st July, 2015. Since the Applicant was absent on 7 th August, 2018, the trial Court was pleased to issue non-bailable warrant against him. The warrant was executed on 17 th October, 2018 and he was produced before the Court. The Applicant had preferred the application for bail before the Special Court which was rejected by order dated 12th December, 2018.
3] On perusal of the documents, it is apparent that the Applicant had granted bail on 21 st July, 2015 on certain conditions. It appears that on 4 occasions the Applicant did not appear before the trial Court. However, prior to issuance of non-bailable warrant, the Applicant was present before the Court on 7th April, 2017 and the case was adjourned for framing charge on 16th August, 2017. On 16th August, 2017, the Applicant was absent and the case was adjourned to 30 th November, 2017. On the next date, the Court was on leave and the case was adjourned to 31st March, 2018. However, the Court was again on leave and for the purpose of framing charge, the matter was adjourned to 7th August, 2018.
4] Learned APP submits that the Applicant has remained absent consistently on several occasions, the trial has commenced, the witness summons is issued and the prosecution intends to examine 2/3 ::: Uploaded on - 26/02/2019 ::: Downloaded on - 21/03/2019 02:27:06 ::: osk 931-ba-219-2019.odt about 10 witnesses.
5] It is noted that the Applicant was on bail since 2015, the charge has been framed recently, although the prosecution proposes to examine 10 witnesses, it is not clear as to how long it will take to complete the trial. Considering the factual matrix of the case, bail can be granted to the Applicant on certain conditions.
6] Hence, following order.
(i) Criminal Bail Application No. 219 of 2019 is allowed.
(ii) The Applicant is directed to be released on bail in
connection with C.R. No. 274 of 2013 registered with Meghwadi Police Station, which is the subject matter of P.O.C.S.O. Special Sessions Case No. 292 of 2015 on his furnishing P.R. Bond in the sum of Rs.20,000/- with one or more sureties in the like amount.
(iii) The Applicant shall report concerned Police Station once in a month on first Saturday between 11.00 pm to 1.00 pm.
(iv) The Applicant shall not tamper with evidence and shall attend the trial Court proceedings regularly, unless exempted by the trial Court for some reason.
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