In a criminal application regarding the elopement of a 15-year-old girl, the court held that since the girl is a minor and her recovery is paramount, the application seeking anticipatory bail is rejected and interim protection is vacated.
Application seeking anticipatory bail is rejected. Interim protection vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1519 OF 2009
(Narayan s/o Savaji Gaikwad
vs.
The State of Maharashtra and another)
Office notes, office Memoranda of Court’s or
Coram,appearances, Court’s orders Judge’s
or directions and Registrar’s orders Orders
Mr. H.V.Patil, AGP for the
applicant.
Mr. K.M.Suryawanshi, AGP for
respondent nos. 1 and 2.
...
CORAM: K.U.CHANDIWAL, J.
DATE: 24/7/2009
P.C.:-
1.Heard both the Counsel.
2.A 15 years old girl, born on 20th May,
1994, allegedly, eloped with her paramour Ravi and
subsequently, offence vide Crime No.58/2009 is
registered with Ahmedpur Police Station, for
infraction of Sections 363, 366, 366(A), 506 read
with 34 of IPC. Accused/applicants, alleged that
they have no role to play in eloping of the victim
either with Ravi or anybody else. There is delay
in lodging the report and they are falsely
implicated.
3.The contention that the applicants herein
have no concern, at this stage, is ruled out, as
the uncle of the victim has lastly seen these
accused/applicants with Ravi, who is son of
Narayan, brother of Kiran / applicants herein. The
age of the girl being 15 years on the date of the
incident, is playing pivotal role in the matter of
considering prearrest bail. The recovery of the
girl is, naturally, a paramount aspect.
Consequently, the application seeking anticipatory
bail is rejected. Interim protection vacated.
Needless to add, these observation will not
influence the learned trial Judge.
(K.U.CHANDIWAL)
JUDGE
agp/crapln1519-09
2 issues framed by the court
Whether anticipatory bail application should be allowed when the eloped girl is a minor.
Whether the accused applicants had any role in the elopement of the victim.
1 provisions across 1 enactments
Narayan s/o Savaji Gaikwad
The State of Maharashtra
another
K.U. Chandiwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court