Single paragraph order granting bail to the applicant under Section 439 CrPC in a rape and abduction case involving a juvenile, subject to bond and attendance conditions.
The applicant is released on bail in the specified criminal reference on furnishing a bond with sureties and complying with attendance directions.
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. 3078 OF 2018
Ajay Rohidas Pawar
….Applicant.
Vs.
The State of Maharashtra ….Respondent.
Mr. Mahesh Vishwakarma, Advocate I/by Vishwakarma & Associates for the Applicant. Mr. S.S. Hulke, APP, for the Respondent-State.
CORAM : A. S. GADKARI, J. DATE : 17th December,2018.
P.C.:-
1 This is an Application under Section 439 of the Cr.P.C. for bail in CR No 41 of 2018 dated 5/10/2018 registered with Mahad Taluka Police Station, District Raigad for offence punishable under Sections 363, 366-A, 376, read with section 34 of the Indian Penal Code.
2 Heard the learned Counsel for the applicant and the learned APP. Perused the charge-sheet.
3 The applicant is the cousin brother of principal accused/juvenile who lured and induced the minor victim girl, took her out from the lawful custody of her parents and thereafter took her at various places. It is alleged that the applicant assisted the said
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juvenile offender in committing the present crime i.e. helped him running quarry from the village.. The record indicates that except the
said allegation, there is no overt act attributed to the applicant.
(A.S. GADKARI, J.)
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2 issues framed by the court
Whether bail can be granted to the accused who is alleged to have assisted a juvenile in abducting a minor.
What safeguards should be applied if bail is granted in this case.
1 provisions across 1 enactments
Ajay Rohidas Pawar
The State of Maharashtra
A. S. GADKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
