The High Court granted bail to the applicant arrested for offences under IPC and POCSO Act. The court noted conflicting dates in witness statements but ordered release on bond with conditions to reside outside the jurisdiction.
Bail granted on bond of Rs. 20,000/-; directed to reside outside Kurla Police Station jurisdiction.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1350 OF 2018
Shibu Ibrahim Khan … Applicant Vs. State of Maharashtra … Respondent
Mr. Viral K. Rathod for the applicant. Mr. Y.Y. Dabke, APP for the Respondent-State. Mr. Jadhav, API, Kurla Police Station is present in person.
CORAM : PRAKASH D. NAIK, J. DATE : 27th AUGUST, 2018.
P.C.
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that the accused took the private organ of the victim boy in his mouth. According to the complainant, the source of the information was his brother. Brother's statement was recorded who had stated that he was informed by one Saklen Sheikh about the alleged incident. On perusal of the statement of Mr. Saklen Sheikh who has referred to alleged incident of 2nd December, 2017.
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statement of victim child it appears that he has referred the alleged incident of 2nd December, 2017. It appears that there is conflicting version relating to date of incident. Chargesheet is filed and the case is pending before the Special Court.
ORDER
with C.R. No. 479 of 2017 registered with Kurla Police Station which is subject matter of Special POCSO Case No. 83 of 2018 on furnishing P.R. Bond of Rs.20,000/- (Rs. Twenty Thousand only) with one or more sureties in the like amount;
iii) The applicant shall reside outside the jurisdiction of Kurla Police Station till the conclusion of the trial;
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v) The applicant shall not tamper with the evidence and/or influence the prosecution witnesses;
vi) The application stands disposed off.
Digitally signed by Sachidanand Sachidanand Kuttan Nair Kuttan Nair Date: 2018.08.29 14:54:04 +0530
( PRAKASH D. NAIK, J. )
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1 issue framed by the court
Whether bail should be granted to the accused facing charges under Sections 363, 367, 377 IPC and Section 6 POCSO Act.
2 provisions across 2 enactments
Shibu Ibrahim Khan
State of Maharashtra
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
