Mahadev Asaraji Borade v. the State of Maharashtra
Case brief
What is this about?
This high court criminal application rejected the bail plea of Mahadev Asaraji Borade, who was convicted for rape and assault on a 12-year-old victim under IPC and POCSO statutes. The court found the acts severe and denied relief.
What did the court decide?
The criminal application for bail was rejected. No release from custody was granted.
What the court decided
26 appa 381 of 2017.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.381 OF 2017 IN
CRIMINAL APPEAL NO.129 OF 2017
Mahadev Asaraji Borade … Applicant. V/s. The State of Maharashtra …. Respondent
Mrs. Nasreen S. K. Ayubi, Adv. for Appellant. Mrs. G. P. Mulekar, A.P.P., for the Respondent-State.
CORAM : SMT. V. K. TAHILRAMANI & DR. SHALINI PHANSALKAR-JOSHI, JJ.
DATE : 18TH SEPTEMBER, 2017.
P.C. :
- Heard both sides.
- The applicant has been convicted for the offences punishable under Sections 376, 354 and 506 of the Indian Penal Code as well as under Sections 4, 6, 8 and 10 of Protection of Child from Sexual Offences Act, 2012. The applicant is now seeking bail.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to an applicant convicted of offences under Sections 376, 354 and 506 of the IPC and Sections 4, 6, 8 and 10 of the Protection of Child from Sexual Offences Act, 2012.
Whether the heinous nature of the offence against a 12-year-old girl warrants rejection of the bail application.
Whether the threat posed to the victim by the applicant precludes the grant of bail.
Parties & counsel
- applicant
Mahadev Asaraji Borade
- respondent
The State of Maharashtra
Coram
V. K. Tahilramani
Case details
As recorded by the court registry
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