Allowed

Rameshwar Madhukar Dhere v. the State of Mah

Bombay HC24 Sept 2012APPLN/3504/2012

Case brief

AI extract

What is this about?

In a bail application filed by an arrested individual charged with rape under Section 376 IPC involving a mentally retarded prosecutrix, the High Court of Bombay at Aurangabad allowed the application, directing release on a bonded surety with a non-entry condition.

What did the court decide?

The applicant be released on bail upon execution of a P.R. bond of Rs.20,000/- and one surety in the like amount.

Rameshwar Madhukar Dhere Vs the State of Mah — Cheating and Forgery | Bombay HC (2012)

¶1

CRIAP-3504.12

¶2

¶3

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

¶4

CRIMINAL APPLICATION NO. 3504 OF 2012

¶5

Rameshwar S/o Madhukar Dhere .... Applicant.

Versus

State of Maharashtra

... Respondent.

Mr. S.J.Salunke,Advocate for applicant. Mr. P.N.Mule,APP for respondent-State.

¶10

CORAM : M.T. JOSHI, J. DATE : 24TH SEPTEMBER 2012

¶11

P. C.

¶12

Heard both sides.

¶13

The present applicant who is arrested on 24.02.2012 in crime No. 38 of 2012, by Police Station Georai for offence punishable under section 376 of the Indian Penal Code, is praying for release on bail.

¶14

The complaint would show that, complainant's grand-mother had taken her to Government Hospital since the complainant-prosecutrix has missed her two monthly cycles When the physician, on examination of the prosecutrix told her grand mother that she was pregnant for two months, the prosecutrix was being taken to her village. However, on way, police came and when they made enquiry with the prosecutrix, it was found that she was mentally retarded. Speech Treatment Expert was called before whom the complainant indicated by gesture that she was subjected to intercourse. In the complaint it is stated that the prosecutrix had been forcibly intercoursed, against her wishes.

¶15

CRIAP-3504.12

¶16

¶17

According to the learned counsel, false accusations are made against the applicant. Investigation is complete. The girl may not be mentally retarded, but her speech appear to be impaired.

¶18

The learned APP opposed for grant of bail.

¶19

Considering that the trial may takes it own time and also considering the material on record, in my view the applicant deserves to be released on bail.

¶20

The application is allowed. The applicant be released on bail upon execution of P.R. bond of Rs.20,000/- and one surety in the like amount, in crime No. 38 of 2012, by Police Station Georai for offence punishable under section 376 of the Indian Penal Code. For a period of two years or till Sessions Case is disposed of whichever is earlier, applicant shall not enter village Shirasmarg, Tq. Gevrai, District Beed without previous permission of the concerned Court.

¶21

Criminal application is disposed of accordingly.

¶22

( M. T. JOSHI, J.)

¶23

pnd/CRIAP-3504.12

Rameshwar Madhukar Dhere v. the State of Mah

Case brief

What is this about?

What did the court decide?

Rameshwar Madhukar Dhere 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

Similar cases

Dattatraya Tulshiram Raskonda Vs the State of Mah

Rambhau Vaijnath Bidgar Vs the State of Mah and Anr.

Bhausaheb Babasaheb Jarange and Anr. Vs the State of Mah

Hafij Ibrahim Shaikh Vs the State of Mah and Anr.

Khandusing Yuvraj Girase Vs the State of Mah

Bhaidas Arjun Vendait Vs the State of Mah