Allowed

Sudhir S/O. Murlidhar Kamble (in Jail) v. State of Maharashtra Thr. Police Station Officer Police Station Deoli Dist. Wardha

Bombay HC27 Sept 2017BA/876/2017

Case brief

AI extract

What is this about?

Single judge criminal application allowed bail for applicant arrested under IPC 354 and POCSO 2012. Court held investigation over and no custodial presence warranted, releasing applicant on bond with sureties and conditions restricting movement and witness interference.

What did the court decide?

Application allowed; applicant released on bail Rs. 25,000 with two sureties; directed to execute bond, furnish address, attend station monthly, not enter Deori district, not influence witnesses.

Sudhir S/O. Murlidhar Kamble (in Jail) Vs State… — Child Sexual Offences (POCSO) | Bombay HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR

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CRIMINAL APPLICATION (BA) NO.876 OF 2017

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Sudhir s/o Murlidhar Kamble

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..vs..

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State of Mah., thr. Its PSO PS Deoli, District Wardha

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Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders

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Court's or Judge's Order

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Shri R.R. Vyas, Counsel for the applicant. Shri M.J. Khan, Addl.P.P. for the State.

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CORAM : V.M. DESHPANDE, J. DATED : SEPTEMBER 27, 2017.

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1. Heard learned counsel Shri R.R. Vyas for the applicant and learned Additional Public Prosecutor Shri M.J. Khan for the State.

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2. Primarily, the application for bail is objected by learned Additional Public Prosecutor Shri M.J. Khan for the State that the investigation is in progress. Further, he fairly states that in fact from the investigation papers it appears that entire investigation is over and formality of filing of the chargesheet is remained to be done.

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3. The applicant is arrested on 26.8.2017 in connection with Crime No.876 of 2017 registered with Deoli Police Station, District Wardha for the offences punishable under Section 354 of the Indian Penal Code and under Section 10 of the Protection of Children from the Sexual Offences Act,

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2012.

4. Looking to the nature of accusations made against the applicant and looking to the fact that the investigation is over, in my view, further custodial presence of the applicant is not warranted and the applicant can be released on bail on certain stringent conditions. Hence, I pass the following order:

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ORDER

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i) The criminal application is allowed.

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ii) Applicant Sudhir s/o Murlidhar Kamble be released on bail on his executing a P.R. Bond in the sum of Rs.25,000/- with two solvent sureties of the like amount, in connection with Crime No.876 of 2017 registered with Deoli Police Station, District Wardha for the offences punishable under Section 354 of the Indian Penal Code and under Section 10 of the Protection of Children from the Sexual Offences Act, 2012.

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iii) That, the applicant shall not enter territorial jurisdiction of city Deori, District Wardha, till culmination of the Trial.

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iv) That, the applicant is directed to furnish his

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residential address to the investigating officer so also before learned Judge of the Court below before whom the bail bond will be executed.

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v) That, the applicant shall attend the nearest Police Station of his residence once in month i.e. on last Saturday in between 3:00 p.m. and 5:00 p.m., till culmination of the Trial.

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vi) That, the applicant shall not influence any of the prosecution witnesses.

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vii) Breach of any of conditions by the applicant will give cause to the investigating officer to apply for cancellation of bail.

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viii) With this, the criminal application is disposed of.

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JUDGE

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!! BRW !!

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Sudhir S/O. Murlidhar Kamble (in Jail) v. State of Maharashtra Thr. Police Station Officer Police Station Deoli Dist. Wardha

Case brief

What is this about?

What did the court decide?

Sudhir S/O. Murlidhar Kamble (in Jail) v. State of Maharashtra Thr. Police Station Officer Police Station Deoli Dist. Wardha

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

Case details

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