Allowed

Shaikh Salim Sk. Rashid v. the State of Mah

Bombay HC1 Nov 2012APPLN/3161/2012

Case brief

AI extract

What is this about?

This oral order grants bail to an applicant arrested for rape and other offences. The court noted the applicant had been in custody for over a year due to contradictory medical evidence. Bail is granted subject to a property bond, surety, and strict movement restrictions.

What did the court decide?

The applicant was released on bail under a Property Bond of Rs. 20,000 with a surety of the same amount, restricted from entering Nanded Municipal Corporation limits and influencing witnesses.

Shaikh Salim Sk. Rashid Vs the State of Mah — Caste Atrocities | Bombay HC (2012)

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(1)

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criapln3161-12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.3161 OF 2012

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Shaikh Salim S/o Sk. Rashid
Age : 27 years, Occu.: Labour
R/o Khadakpura, Nanded
Tq. and Dist. Nanded Applicant

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VERSUS

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The State of Maharashtra Respondent

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.....

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Mr. U.B. Bilolikar, advocate for the applicant.
Mr. R.P. Phatke, A.P.P. for the Respondent-State.

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.....

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ORAL ORDER:

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1.Heard both sides.

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2.The present applicant, who is arrested on 8th
September, 2011 in connection with Crime No.161/2011,
registered with Shivajinagar Police Station, Nanded,
District Nanded, for the offences punishable under
section 376 (2) (g), 363, 366-A read with section 34
of the I.P. Code and under section 3 (2) (5) of the
Scheduled Castes, Scheduled Tribes (Prevention of
Atrocities) Act, is praying for his release on bail.

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3.The complaint filed by the aunt of the

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victim shows that the said victim was 15 years old at

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criapln3161-12

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the time of occurrence of the incident. She belongs

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to mahar caste and suffers from hearing and speech impairment. According to the complaint, on 5^th September, 2011, in the noon at about 4.00 p.m., while the victim went away and was missing, at 8.30 p.m. in the night, she returned to the house. She was weeping. By her gestures, she narrated that the present applicant alongwith two other youths had taken her to a lonely place and thereafter, all of them committed forcible sexual intercourse with her. At that time, the aunt of the victim noticed that the clothes of the prosecutrix were drenched in blood.

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On these allegations, the applicant came to be
arrested.

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4.The learned counsel for the applicant
submits that for last about one year, the applicant
is behind the bars. The injury certificate would not
bear out the allegations in the FIR. The applicant
is falsely involved in the crime. He, therefore,
prayed that the applicant be released on bail.

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5.Learned A.P.P., on the other hand, opposed

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the application. He submitted that it is a case

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(3) criapln3161-12

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wherein in broad-day light, a disabled girl was taken
away and gang-rape was committed on her.

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6.The injury certificate would not show that
there was any injury on the person of the victim much
less on her private part as against allegations in
the FIR that the clothes of the victim were drenched
in blood. The final medical report placed on record
today by the learned A.P.P. shows that certain stains

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of semen were found on the clothes of the victim and,
therefore, there was a possibility of premature
ejaculation. This Court is not required to make
comment on merit of the case at this juncture.
However, finding that the present applicant is behind
the bars for a period of more than one year, in my
view, by putting certain conditions, the applicant
can be released on bail.

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7.In the result, the application is allowed.

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The applicant, namely, Shaikh Salim s/o Sk. Rashid,
be released on bail, in connection with Crime No.
161/2011, registered with Shivajinagar Police
Station, Nanded, District Nanded, for the offences
punishable under section 376 (2) (g), 363, 366-A read

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(4) criapln3161-12

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with section 34 of the I.P. Code and under section 3
(2) (5) of the Scheduled Castes, Scheduled Tribes
(Prevention of Atrocities) Act, on his executing a
P.R. Bond in the sum of Rs. 20,000/- and also upon
furnishing a surety in the like amount.

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For a period of three years or till the

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trial is concluded, the applicant shall not enter the
territorial limits of Municipal Corporation, Nanded,
except with prior permission of the concerned Court.
At the time of execution of P.R. Bond, the applicant
shall give his full postal address alongwith the
mobile number. He shall not any way try to influence
the prosecution witnesses.

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 JUDGE

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npj/criapln3161-12

Shaikh Salim Sk. Rashid v. the State of Mah

Case brief

What is this about?

What did the court decide?

Shaikh Salim Sk. Rashid 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

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