Anticipatory bail application allowed for a doctor apprehending arrest in a rape case. Bail granted on Rs.5000 surety with conditions regarding reporting, interrogation, and not influencing witnesses.
Application allowed; bail granted on PR bond of Rs.5000/- with one or more sureties of aggregate Rs.5000/- subject to four conditions.
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1ABA 3-2012.odt
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.3 OF 2012
Dattatraya Bapurao Ghorapade
.Applicant
V/s.
The State of Maharashtra.Respondent
Mr.V.V.Purwant, Advocate, for the Applicant
Mrs.P.P.Bhosale, APP, for the Respondent - State
CORAM:R.C.CHAVAN, J.
DATE:5TH JANUARY, 2012
P.C.
.Heard the learned counsel for the
respective parties.
2.This is an application for anticipatory
bail by a Doctor, who apprehends arrest in
connection with C.R.No.116 of 2011 for the
offences punishable under Sections 376, 452, 506
read with Section 34 of the Indian Penal Code
registered with Wai Police Station, District
Satara and who happened to be uncle of the
principal accused. The principal accused had
2ABA 3-2012.odt
committed rape upon an 18 years old girl
repeatedly. She conceived. Thereafter, the
parties had decided to amicably settle the
matter and the rapist agreed to marry the
victim. It was agreed that the pregnancy would
be terminated as per advice of the present
applicant. The applicant referred the victim to
hospital of Dr.Swati Deshpande where pregnancy
was terminated. Thereafter, the rapist made an
about turn and refused to marry the victim.
Then an offence was registered. Considering the
nature of allegations made, applicant's being in
custody for the purpose of further investigation
is not at all necessary. In view of this,
application is allowed. In the event of arrest,
applicant be released on bail on his furnishing
P.R.Bond of Rs.5000/- with one or more solvent
sureties in the aggregate sum of Rs.5000/- on
the following conditions.
(i)The applicant shall report at the Wai
police station, District Satara on 16th January,
2012 between 10.00 a.m. to 1.00 p.m. and
3
ABA 3-2012.odt
thereafter, as and when required by the
investigating officer.
(ii)The applicant shall make himself
available for interrogation by a police officer
as and when required.
(iii)The applicant shall not, directly or
indirectly make any inducement, threat or
promise to any person acquainted with the facts
of the case so as to dissuade him from
disclosing such facts to the Court or to any
police officer.
(iv)The applicant shall not leave India
without the previous permission of the trial
Court.
.The order will remain in force till the
trial is over with the only stipulation that if
charge sheeted the applicant may furnish fresh
bonds before the trial Court in view of the
Judgment of the Supreme Court in AIR 2011 (SC)
312(Siddharam Satlingappa Mhetre vs State of
Maharashtra And Ors.).
3.Criminal Application is disposed of.
4ABA 3-2012.odt
1 issue framed by the court
Whether to grant anticipatory bail to the applicant who apprehends arrest in connection with rape and other offences.
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre vs State of Maharashtra And Ors.Referred¶30
AIR 2011 (SC) 312 · Who else cites this
1 provisions across 1 enactments
Dattatraya Bapurao Ghorapade
The State of Maharashtra
R.C.Chavan
As recorded by the court registry
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