bail application allowed. High Court deemed the sexual intercourse consensual since the prosecutrix was a major. Bail granted on furnishing bond and conditions.
Bail granted upon furnishing P.R. Bond of Rs. 40,000/- with one or two solvent sureties in like 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.
24-ba-1282-2015.doc
Vishal
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1282 OF 2015
Chetan Laxman Pawar ... Applicant vs. The State of Maharashtra ... Respondent
Mr. Satyavrat Joshi, for the Applicant. Mrs. Veera Shinde, APP for Respondent – State.
CORAM: MRS.MRIDULA BHATKAR, J. DATE: JULY 27, 2015
P.C.:
. The application is moved for bail as the applicant/accused
is facing charges for the offence punishable under Section 376 of the Indian Penal Code in C.R. No. 87 of 2015 registered with Vimantal police station, Pune.
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24-ba-1282-2015.doc
in one a mall. Their acquaintance turned into an affair. The applicant/accused promised her to marry. Thereafter, she agreed to have sexual relationship with him. This continued from 6th February, 2013 till January, 2015. During that period, the applicant/accused against her wishes had sexual intercourse with the prosecutrix. However, when she came to know that he is not going to marry her and get engaged with some other girl, she gave the complaint.
submits that apart from the prosecutrix, there is a statements of one neighbour and a friend of the applicant/accused that the applicant and the complainant having affair and they were in a relationship.
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24-ba-1282-2015.doc
alleged that there was sexual relationship between the applicant and
the prosecutrix. However, it appears that it was a consensual sexual intercourse as the girl is major of 23 years old. Considering this and the view taken by this Court in the case of “ Mahesh B. Dandane vs. State of Maharashtra in Bail Application No. 27 of 2014 dated 12th March, 2014 ”, I am inclined to grant bail to the applicant.
(MRS.MRIDULA BHATKAR, J.)
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1 issue framed by the court
Whether bail should be granted to the accused facing charges under Section 376 IPC given the alleged consensual nature of the relationship and the age of the prosecutrix.
Colour shows how this judgement treated each authority
Mahesh B. Dandane vs. State of MaharashtraExplained¶21
Mahesh B. Dandane vs. State of Maharashtra in Bail Application No. 27 of 2014 dated 12th March, 2014
1 provisions across 1 enactments
Chetan Laxman Pawar
The State of Maharashtra
Mridula Bhaktar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
