Allowed

Jiveshwar Uttamrao Paralkar v. the State of Mah

Bombay HC19 Jun 2012APPLN/2135/2012

Case brief

AI extract

What is this about?

The single judge granted bail to the accused charged with abduction and sexual intercourse with a 15-year-old girl. The court noted the prosecutrix voluntarily left her home and contested the marriage proposal before alleging a temple marriage and sexual intercourse. Balancing the circumstances, bail was allowed subject to strict conditions.

What did the court decide?

Bail granted subject to furnishing PR & SB of Rs. 25,000; non-tampering with witnesses; no similar offence; no entry into the prosecutrix's residence area.

Jiveshwar Uttamrao Paralkar Vs the State of Mah — Child Sexual Offences (POCSO) | Bombay HC (2012)

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criapln2135-12.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.2135/2012

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Jiveshwar s/o Uttamrao Paralkar Age 30 yrs,, Occ-Part time servant in the office Collector,Beed R/o Burud Galli, Peth Beed, Tq. & Dist.Beed [Applicant is in Jail] .. APPLICANT

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Versus

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1] The State of Maharashtra Through Police Station, Officer, Peth Police Station, Beed Tq. & Dist.Beed.

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[Copy to be served on Public Prosecutor, High Court of Judicature of Bombay Bench at Aurangabad] .. RESPONDENT

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Mr.Shrimant S. Mundhe,Adv.for applicant. Mr.D.V.Tele,A.P.P. for State.

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CORAM : T.V.NALAWADE,J. DATE : 19TH JUNE 2012.

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ORAL ORDER :

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1] This application is filed for bail in C.R.No.20/2012 registered

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in Peth Police Station, Dist. Beed for offences punishable under Sections 363, 366 and 376 of I.P.C. Both sides are heard.

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2] Papers of investigation were made available. Crime is

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registered on the basis of report given by father of prosecutrix. Prosecutrix was aged about 15 years at the relevant time. She was missing since 25/2/12 and missing report was given. Suspicion was expressed against the applicant that he had taken the prosecutrix away by enticing her and by giving false promise of marriage with her. During investigation, statement of prosecutrix came to be recorded and it shows that she had left the house on her own as she was not ready to marry as per the proposal which was in the mind of her parents. She had contacted the applicant and then they had left the village. She has however, contended that in a temple, present applicant married with her. Then, he had sexual intercourse with her. She has given her age as 15 years. Copy of School leaving certificate collected by police also shows that the age of the prosecutrix was 15 years at the relevant time. The record of medical examination is also consistent with his case.

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In view of these circumstances and as prosecutrix did not want to marry and as she had left her house, this Court holds that it is not desirable to keep the applicant behind bars till conclusion of the trial. Subject to some conditions, applicant can be released on bail. So the order :

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3] Application is allowed. Bail is granted to the applicant in C.R.No.20/2012 registered in Peth Police Station, Dist. Beed for offences punishable under Sections 363, 366 and 376 of I.P.C. The applicant is to be released on his furnishing PR & SB of Rs. 25,000/- [Rs.Twenty five thousand]. He is not to tamper with prosecution witnesses. He is not to commit similar offence. He should not enter the area where the prosecutrix is living with her parents.

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[T.V.NALAWADE,J.]

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umg/criapln2135-12

Jiveshwar Uttamrao Paralkar v. the State of Mah

Case brief

What is this about?

What did the court decide?

Jiveshwar Uttamrao Paralkar v. the State of Mah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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