Bombay High Court
Sandip Narayan Patil vs The State Of Maharashtra on 17 January, 2020
Author: Prakash D. Naik
Bench: Prakash D. Naik
Sajakali Jamadar 1 of 4 904-BA-3173-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 3173 OF 2019
Sandip Narayan Patil ...Applicant
Versus
The State of Maharashtra ...Respondent
.....
Mr. Sanjeev Kadam i/b Prashant P. Raul, Advocate for the Applicant.
Geeta P. Mulekar, APP for the State-Respondent.
Mr. Manesh Sable, PSI, Panvel Taluka Police Station, Navi Mumbai,
Present.
.....
CORAM : PRAKASH D. NAIK, J.
DATE : 17th January, 2020
PC :
1. This is an application for bail in connection with C.R. No. 107
of 2019 registered with New Panvel Taluka Police Station, Navi
Mumbai for offences punishable under Sections 354, 354(B), 323,
511 of Indian Penal Code and Sections 7, 8, 9(L)(N) and Section 12
of POCSO Act.
2. The FIR was lodged on 18th June, 2019. The applicant is the
father of the victim. The victim herself has lodged the FIR. In her
statement she has stated that the applicant had touched her
inappropriately on 8th May, 2019, 14th May, 2019 and 2nd June, 2019.
Her statement mentions that the applicant had hugged, kissed and
touched her on chest and tried to remove her cloths. The accused
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Sajakali Jamadar 2 of 4 904-BA-3173-2019.doc
had also touched below her waist. The victim is girl aged about 15
year. The victim is 10 th Standard student. For better performance in
exams, the school had conducted counselling of students. At that
time the victim had disclosed the aforesaid acts to the counsellor. The
principal School and teacher called the parents and other relatives of
the victim. They were informed about the sexual harassment meted
out by the applicant. They decided to lodge the complaint, hence, the
FIR was lodged. The statement of the mother of victim was recorded
on 19th June, 2019. She had supported the version of the
complainant. Statements of other witnesses including the grand
father of the victim were recorded. Statement of school teacher and
counsellor were recorded. They have corroborated version of the
victim.
3. The applicant had preferred application for bail before the
Special Court which has been rejected.
4. Learned Counsel for the applicant submitted that the applicant
is in custody from the date of his arrest. On account of detention of
the applicant his family is suffering. The wife of the applicant as well
as his father has filed the affidavit that the applicant is the sole bread
earning member of the family. On account of his absentism show
cause notice has been issued to him by employer. The family of the
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Sajakali Jamadar 3 of 4 904-BA-3173-2019.doc
applicant has no other source of income. The father and the wife of
the applicant has therefore decided to keep the applicant away from
the victim girl, in the event he is granted bail. The affidavit in that
regard are filed by the mother wife and the father of the applicant.
5. I have perused the charge sheet. The victim is the daughter of
the applicant. There was no reason to falsely implicate the applicant.
She had informed about the incident to her school teacher. All the
other witnesses including her mother and grand father had
supported the victim. In the supplementary statement, the victim had
also stated that even in 2016 the applicant had tried to indulge in
similar activity. The victim had referred to incidents dated on 8 th May,
2018, 14th May, 2019 and 2nd June, 2019. The victim is presently
studying in 10th Standard. The incident is of serious in nature. The
applicant is the father of the victim who had subjected her to sexual
harassment. Only on account of the affidavit tendered by the wife
and his father of applicant bail cannot be granted. The order of the
Sessions Court indicates that the case was kept for framing charge
and the trial Court was likely to proceed with trial expeditiously.
Considering the aforesaid circumstances, No case for grant of bail is
made out.
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Sajakali Jamadar 4 of 4 904-BA-3173-2019.doc
ORDER
i) Bail Application No.3173 of 2019 stands rejected and disposed of accordingly.
ii) Trial is expedited.
(PRAKASH D. NAIK, J.)
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