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Bombay High Court

Shaikh Mehboob Shaikh Mehmood vs State Of Mah. Thr. Pso Shegaon City Tq ... on 25 September, 2020

Bench: Z.A. Haq, Amit B. Borkar

appa407.2020                                                                                          1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                NAGPUR BENCH : NAGPUR


                     CRIMINAL APPLICATION (APPA) NO. 407/2020
                                        IN
                          CRIMINAL APPEAL NO. 309/2020

                                 Shaikh Mehboob Shaikh Mehmood
                                                ..VS..
                                         State of Maharashtra
----------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram,                        Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
----------------------------------------------------------------------------------------------
                            Shri P.D. Mane, Advocate for the applicant/appellant
                            Shri S.J. Kadu, APP for the non-applicant/respondent


                            CORAM : Z.A.HAQ & AMIT B. BORKAR, JJ.

DATED : 25/09/2020 1] Learned advocate for the appellant states that he has filed an application praying that the appellant be permitted to implead the victim as respondent no. 2. The application is not placed before us, however, considering the diktats of Section 15 (3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, the appellant is permitted to implead the victim as respondent no. 2. The amendment be carried out till 28/09/2020.

2] The criminal application is disposed accordingly.

3] The crime is registered against the appellant with the respondent no. 1 - Police Station for the offences punishable under Section 363, 366A, 376 (2) (n), 323 and ANSARI ::: Uploaded on - 25/09/2020 ::: Downloaded on - 26/09/2020 05:44:18 ::: appa407.2020 2 504 of the Indian Penal Code, Sections 4 and 12 of the Protection of Children From Sexual Offences Act and Sections 3 (1) (w) (ii), 3 (2) (v) and 3 (2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The appellant had filed an application before the Special Court under Section 439 of the Code of Criminal Procedure which is rejected by the impugned order.

4] Issue notice to the respondents, returnable on 16/10/2020.

5] Shri S.J. Kadu, learned APP waives notice for the respondent no. 1.

6] Considering the facts of the case, specially that the appellant - accused is aged about 23 years and the respondent no. 2 - victim is aged about 17 years (at some places, her age is shown as 16 years) and as the investigation is complete and charge-sheet is filed and accepting the submission made by the appellant that any other crime is not registered against him, we are of the prima-facie view that the appellant deserves to be released on provisional bail.

Hence, the following order:-

(a) The appellant, having been arrested in connection with Crime No. 454/2019 registered with the respondent no. 1 - Police Station, he be released on provisional bail on executing P.R. Bond for Rs. Twenty Thousand and on furnishing one solvent surety in the like amount.

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(b) The appellant shall attend the Sessions trial on every date unless granted exemption by the Sessions Court.

(c) This order shall be given effect to/implemented only after the advocate for the appellant carries out the amendment in the memorandum of appeal and supply copy of memorandum for service of notice to the respondent no. 2.

                                        JUDGE                             JUDGE




ANSARI


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