In a criminal bail application under Sections 363 and 365 IPC regarding an offence against a 17-year-old girl, the High Court of Bombay allowed the release of the applicant on a personal guarantee of Rs. 10,000 and one surety of the same amount.
Release on bail on executing a personal guarantee of Rs. 10,000/- with one surety in like amount.
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.
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Mhi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 250 OF 2011
Shri Ravi Dattatray Malbari ... Applicant Vs. The State of Maharashtra ... Respondent
Mr. Satish B. Patil,Advocate, for the applicant. Ms. P.P. Shinde, APP, for the respondent - State.
CORAM: J.H.BHATIA,J. DATE : 4th March, 2011.
P.C.
registered under Sections 363, 365 read with Section 34 of IPC by Hill Line Police Station, Ulhasnagar. The offence was registered on the basis of the report lodged by the complainant Sapna, who is mother of the prosecutrix. However, the statement of the prosecutrix recorded on the next day after registration of the offence reveals that she is aged about 17 years and 10 months and was taking education in College. On 12.8.2010, on mobile she had told her mother that the complainant used to abuse in filthy language and used to make allegations about her character and, therefore, she was fed up. On this, her mother asked her to take clothes and go anywhere and, therefore, she had left the house and was staying as
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a paying guest. She stated that she had no concern with the present applicant and
the other two accused, who were arrested in this case.
released on his executing P.R. of Rs.10,000/- with one surety in like amount.
(J.H.BHATIA,J.)
1 issue framed by the court
Whether the applicant is eligible for release on bail secured with a personal guarantee and a surety given the allegations against him in connection with a crime involving a minor.
Shri Ravi Dattatray Malbari
The State of Maharashtra
J.H.BHATIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
