Allowed

Laxman Devidas Gaikwad and Anr. v. the State of Maharashtra

Bombay HC11 Apr 2016APPLN/1895/2016

Case brief

AI extract

What is this about?

This Criminal Application allows bail for two applicants arrested in love-affair-related offences including abduction and intercourse with a young girl. The court imposes a surety, execution of bond, and a territorial restriction order barring the applicants from the district for two years.

What did the court decide?

Applicants released on bail on their executing PR bonds of Rs. 15,000 each with sureties in the like amount and imposing a territorial restriction on them for two years within Mudkhed.

Laxman Devidas Gaikwad and Anr. Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2016)

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1 Cri. Appln. 1895-2016

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 1895 OF 2016

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1]Laxman Devidas Gaikwad,
 Age : 19 years, Occu.: Labour,
 R/o : Wadar Gali, Mudkhed,
 Tq. Mudkhed, Dist. Nanded

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2] Balaji Piraji Bale,
 Age : 22 years, Occu.: Education,
 R/o : Wadar Gali, Mudkhed,
 Tq. Mudkhed, Dist. Nanded

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 [At present the applicant is in
 Nanded Sub Jail, Nanded
 Taluka and District Nanded].. Applicants

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Versus

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The State of Maharashtra
Through the Police Inspector,
Mudkhed Police Station,
Mudkhed, Taluka Mudkhed,
District – Nanded.. Respondent

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.....

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Mr. Rajendra S. Deshmukh, Advocate for the applicants
Mr. A.R. Borulkar, APP for the respondent-State

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......

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CORAM : M.T. JOSHI, J.
 DATED : 11/04/2016

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ORAL ORDER:

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Heard both sides.

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2 Cri. Appln. 1895-2016

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2.The present applicants, who are arrested by
Mudkhed Police Station, Tq. Mudkhed, Dist. Nanded in
Crime no.02 of 2015 for the offences punishable under
section 363, 366, 376(2), 107, 109, 114, 212 r/w. 34 of
the Indian Penal Code and under section 3, 4, 17 of the
Protection of Children From Sexual Offences Act, are
praying for their release on bail.

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3.Hearing from both sides as well as the case
papers would show that the present applicants who are
19 years and 22 years old, respectively, were in love
affair with the respective victims, who were 15 years
and 16 years old, respectively. Out of the said love
affair, all of them eloped from their respective houses
on 09/01/2015. Thereafter, they visited various places

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and respectively resided together as spouses.
Thereafter, the present applicants were arrested on
26/01/2016. Chargesheet is now filed.

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4.Upon hearing both sides, and finding that the

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3 Cri. Appln. 1895-2016

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trial would take its own time, in my view, the present
applicants can very well be released on bail, on
certain conditions.

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5. Hence, the following order:-

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I)The Application is allowed.

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II)The applicants be released on bail in Crime

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no.02 of 2015 registered with Mudkhed Police Station,

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Tq. Mudkhed, Dist. Nanded for the offences punishable
under section 363, 366, 376(2), 107, 109, 114, 212 r/w.
34 of the Indian Penal Code and under section 3, 4, 17
of the Protection of Children From Sexual Offences Act,

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upon their executing P.R. bonds in the sum of
Rs.15,000/- (Rs. Fifteen Thousand) each and also upon
furnishing surety each in the like amount.

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III)The applicants shall not enter the territorial
limits of Mudkhed, Taluka – Mudkhed, Dist. Nanded for a

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period of two (2) years, or till the trial is
concluded, whichever occurs earlier, without the prior

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4 Cri. Appln. 1895-2016

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permission from the concerned Sessions Court.

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6.Criminal Application stands disposed of

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accordingly.

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[M.T. JOSHI]

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 JUDGE

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arp/-

Laxman Devidas Gaikwad and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Laxman Devidas Gaikwad and Anr. v. the State of Maharashtra

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

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