Allowed

Dastgir Bashir Sayyed v. the State of Maharashtra

Bombay HC20 Feb 2008APPLN/101/2008

Case brief

AI extract

What is this about?

In a criminal application for bail, the High Court granted bail to the applicant accused of rape and offences under the SC/ST Act. The court held the applicant was entitled to bail as the medical report was inconclusive and there was no other evidence regarding the alleged crime. The applicant was directed to execute a personal bond.

What did the court decide?

The applicant was released on bail on a personal bond of Rs. 15,000 with two sureties of the like amount.

Dastgir Bashir Sayyed Vs the State of Maharashtra — Caste Atrocities | Bombay HC (2008)

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abs

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CRIMINAL APPELLATE JURISDICTION

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 CRIMINAL APPLICATION NO. 101 OF 2008

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 Dastagir Bashir Sayyed .. Applicant
 V/s

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 The State of Maharashtra .. Respondent

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 Mr.A.P. Mundargi i/b Mr.Subodh Desai for the applicant.

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 Mr.D.P. Adsule, A.P.P. for the State.

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 CORAM : D.G. KARNIK, J.

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 DATE : 20TH FEBRUARY 2008

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P.C. :

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 1. Heard.

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 2. The applicant has been arrested in connection
 with an offence registered under C.R. No.335/2007 by
 Karad City Police Station, Satara punishable under
 sections 376, 354 and 506 of the Indian Penal Code and
 section 3 of the Scheduled Castes & Scheduled Tribes
 (Prevention of Atrocities) Act.

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 3. The prosecution case is that on 6th September 2007
 when Nisha - the complainant, who belongs to a scheduled

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 caste, was passing by infront of the society office
 around 8.00 p.m, the applicant taking advantage of the
 darkness took her forcibly in the gallery of the society
 and raped her. While he was in the process of raping,
 father of the complainant came hearing her shouts and
 the applicant ran away.

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 4. The applicant, who is a minor and her mother
 have subsequently made an affidavit dated 2nd November
 2007 stating therein that the complaint was false and
 was made at the instance of Moosa Ambekari, Raju
 Ambekari and Ayub Sayyed who had some dispute with the
 applicant’s family. The father of the applicant has
 also made an affidavit that the complaint was false.

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 5. The complainant was sent for medical
 examination. Medical Superintendent, Sub-District

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 Hospital, Karad has opined that he could not state
 conclusively whether the complainant was subjected to
 forcible intercourse nor whether she ever had any sexual
 intercourse in the past. The medical report is
 inconclusive. There is no other evidence regarding the
 alleged crime. In the circumstances, the applicant is
 entitled to bail. Hence, I pass the following order:

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ORDER

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 The applicant be released on bail in connection with the
 offence mentioned above on his executing personal bond
 of Rs.15,000/- with two sureties of the like amount
 subject to the condition that the applicant shall not
 make any inducement nor give any threats to any of the
 prosecution witnesses and shall cooperate with the
 investigation.

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 (D.G. KARNIK, J.)

Dastgir Bashir Sayyed v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Dastgir Bashir Sayyed v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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