In a bail application regarding offences under Sections 376 and 354 IPC, the High Court of Bombay noted the prosecutrix's affidavit stating no objection to bail, but dismissed the plea citing that the primary material of sexual abuse warranted continued custody.
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.
CR.APLN.NO.4466/2013
1
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 4466 OF 2013
SUBHASH SURYABHAN PAWAR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER
...
Advocate for Applicant : Mr.Thombre Chandrakant V.
APP for Respondents: Mr. S.G.Nandedkar
Adv.Shinde Muktabai D. For R/2
...
CORAM : K.U. CHANDIWAL, J.
Dated: September 25, 2013
...
PER COURT :-
1. Heard.
2.The applicant prays for bail in Crime
No.10/2013 (RCC No.91/2013) registered at Kallamb
Police Station, taluka Kallamb, Dist. Osmanabad,
for the offence under Sections 376, 354, 452,
114, 504 and 506 read with Section 34 of IPC.
On June 19th, 2013, such application for bail
was rejected. This Court also considered custody
from 1st March, 2013, of the applicant not to be
a parameter for bail.
3.Today, affidavit of Smt.Khalabai Raja
Kale, prosecutrix is shown which informs that
she has no objection if the accused / applicant
is released on bail. Chargesheet is already
filed. No change in circumstances. Primary
material of sexual abuse does not warrant release
2 CR.APLN.NO.4466/2013
on bail.
I do not wish to comment on the authenticity
of the affidavit.
The learned Judge is requested, if the case
is committed, to expeditiously dispose of the
same in a time frame of six months.
Criminal Application dismissed.
agp/4466-13crapl
1 issue framed by the court
Whether bail should be granted to the applicant proved guilty of rape and sexual assault when the prosecutrix has offered no objection to his release.
SUBHASH SURYABHAN PAWAR
THE STATE OF MAHARASHTRA
ANOTHER
K.U. CHANDIWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court