This bail application was allowed. The High Court granted bail to the applicant charged with offences under Section 354A IPC and POCSO, subject to conditions including reporting facilities and a bail bond.
Enlarged on bail on execution of PR Bond Rs. 25,000/- with sureties, subject to reporting conditions and undertaking.
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.
BA 374-18.doc
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 374 OF 2018
Laxman Shankarvel Harijan
.Applicant
Vs.
The State of Maharashtra .Respondent
Mr. A. H. H. Ponda i/b. Ms Mallika Ingale, Advocate, for the Applicant Mrs. A. A. Takalkar, APP, for the Respondent – State
CORAM : REVATI MOHITE DERE, J. DATE : 17.04.2018
P.C.
. Heard learned counsel for the parties.
bail in connection with C. R. No. 705 of 2017 registered with the Malvani Police Station, Mumbai, for the alleged offences punishable under Sections 354A, 506(2) of the Indian Penal Code and under Sections 9(n), 10 of the Protection of Children from Sexual Offences Act ( for short 'POCSO' ).
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BA 374-18.doc
that she had disclosed the same to her mother pursuant to which, there was a quarrel between them. She has stated that on one occasion, her father touched her on her chest & legs pursuant to which, she shouted and disclosed the same to her mother.
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BA 374-18.doc
the N. C. complaint which was lodged by the Applicant's wife on 17.11.2017, i. e. on the very same day as the lodging of the FIR in this case, there are no allegations of any sexual assault by the Applicant on the Complainant. The N. C. has been lodged for the offences punishable under Sections 323 & 504 of the Indian Penal Code. The Applicant is in custody since November, 2017. Investigation is complete & chargesheet is filed.
the Application is allowed and the Applicant is enlarged on bail on the following terms & conditions :-
O R D E R
(i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs. 25,000/- with one or two local solvent sureties in the like amount;
(ii) The Applicant shall report to the investigating officer of the concerned Police Station on the first Sunday of every month between 10:00 a. m. and 11:00 a. m. till the conclusion of the trial;
(iii) The Applicant shall not enter the jurisdiction of the concerned police station except for the purpose of attendance as per Clause (ii);
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BA 374-18.doc
(iv) The Applicant shall not tamper with the evidence or
attempt to influence or contact the complainant, witnesses or any person concerned with the case;
(vi) The Applicant shall file an undertaking with regard to clauses (ii) to (v), in the trial Court, within two weeks of his release;
(vii) If there are two consecutive defaults in appearing before the trial Court or appearing before the investigating officer of the concerned police station, the prosecution will be at liberty to apply for cancellation of the Applicant's bail;
(viii) The Applicant is at liberty to seek modification of the aforesaid conditions (ii) & (iii) after nine months.
All concerned to act on the authenticated copy of this order.
(REVATI MOHITE DERE, J.)
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2 issues framed by the court
Whether the applicant should be enlarged on bail in the pending criminal trial.
What terms and conditions should be imposed on the grant of bail.
Laxman Shankarvel Harijan
The State of Maharashtra
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
