The High Court allowed the bail application of an applicant accused of sexual intercourse with a minor. The Court noted an out-of-court settlement by the parents and agreed it was not desirable to keep the applicant in custody.
Release on bail by furnishing PR and SB of Rs. 25,000/- with one solvent surety of equal amount.
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.
1 Application 755 of 2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Criminal Application No.755 of 2014
Digambar @ Datta s/o Balaji Jadhav. .. Applicant.
Versus
The State of Maharashtra. .. Respondent.
Shri. Sachin S Panale, Advocate, for applicant.
Shri. S.R. Palnitkar, Additional Public Prosecutor, for respondent.
CORAM: T.V. NALAWADE, J. DATE : 26th FEBRUARY 2014
ORDER:
2 Application 755 of 2014
who are mother and elder brother of the applicant. It was submitted by aforesaid relatives of the prosecutrix and the applicant that they have settled the dispute out of Court. The brother and mother of the applicant submitted that they want to see that the applicant marries with the girl when she attains majority. The father of the prosecutrix is also present. It was submitted that they have no objection to grant bail.
3 Application 755 of 2014
Court holds that it is not desirable to keep the applicant behind the bars till disposal of the case. The applicant has been behind the bars since 25-10-2013.
Sd/- (T.V. NALAWADE, J.)
rsl
2 issues framed by the court
Whether bail is maintainable in a case involving alleged sexual intercourse with a minor girl where the dispute is settled out of court.
Whether the applicant should be released on bail upon furnishing security and surety.
1 provisions across 1 enactments
Digambar @ Datta s/o Balaji Jadhav
The State of Maharashtra
T.V. Nalawade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
