Aarif Mahamadkhan Maldar v. the State of Maharashtra
Case brief
What is this about?
In a criminal application for bail during pendency of an appeal, the single Judge rejected bail for an applicant convicted of aggravated sexual assault under POCSO. Despite acquittal for rape, the court found the offence serious and inappropriate for release on bail.
What did the court decide?
Application for bail rejected; applicant directed to approach the court for expeditious hearing of the appeal.
What the court decided
1
3-i.APPA.350-15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.350 OF 2015
IN
CRIMINAL APPEAL NO.156 OF 2015
Aarif Mahamadkhan Maldar
Versus The State of Maharashtra
..Applicant
..Respondent
Mr. A.N. Pathan, Advocate for the Applicant. Mr. A.R. Patil, APP, for the State.
CORAM : A. R. JOSHI, J.
DATE : 10th JUNE, 2015
P.C.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail during the pendency of his appeal given the conviction for aggravated sexual assault under Section 10 of the POCSO Act.
Whether the severity of the offence and the applicant's conduct preclude bail even if he was acquitted of rape.
Whether the application for bail should be rejected in favour of an application for expeditious hearing.
Parties & counsel
- applicant
Aarif Mahamadkhan Maldar
- respondent
The State of Maharashtra
Coram
A. R. JOSHI
Case details
As recorded by the court registry
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