Allowed

Shambaba @ Sham Bhagwat Suryawanshi v. the State of Maharashtra and Anr.

Bombay HC26 Nov 2019APEAL/1058/2019

Case brief

AI extract

What is this about?

In a criminal appeal challenging the rejection of bail in a child sexual assault and SC/ST atrocity case, the High Court held it inadvisable to keep the appellant in custody. The Court allowed the bail application, set aside the lower court's order, and granted bail with specific conditions to prevent witness tampering and reoffending.

What did the court decide?

The rejected bail application allowed; the appellant to be released on furnishing bail of Rs.30,000 with PR and SB of Rs. 30,000 with one or more solvent sureties.

Shambaba @ Sham Bhagwat Suryawanshi Vs the State of… — Caste Atrocities | Bombay HC (2019)

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( 1 ) criappl1058.19.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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948 CRIMINAL APPEAL NO.1058 OF 2019

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Shambaba @ Sham Bhagwat Suryawanshi Age : 28 Years, Occu : Labour, R/o : 1 Saibaba Nagar, Atmahatya Colony, Ramananad Nagar, Jalgaon, Taluka and District Jalgaon

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… APPELLANT

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VERSUS

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State of Maharashtra, Through the Remanand Police Station, Taluka and District Jalgaon.

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Manisha Bhika Pawar, Age : 35 Years, Occu : Labour, R/o. Sai Baba Nagar, Atmahatya Colony, (Informant) Taluka and District Jalgaon. … RESPONDENTS

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Mrs. R. S. Kulkarni, Advocate for the appellant Mr. M. M. Nerlikar, APP for the respondent/State Mr. Yogesh H. Jadhav, Advocate for respondent No. 2.

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CORAM : T. V. NALAWADE & S.M. GAVHANE, JJ. DATED : 26-11-2019

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ORAL JUDGMENT (PER T. V. NALAWADE, J.):-

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Appeal is admitted.

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Heard both the sides for final disposal.

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Present proceeding is filed to challenge the order dated

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17/09/2019 made by learned Additional Sessions Judge, Jalgaon in Special Case No. 40/2019 (Exhibit 4). The application filed for regular

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( 2 ) criappl1058.19.odt

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bail is rejected by the learned Additional Sessions Judge, Jalgaon. Case is filed against the appellant for offence punishable under Sections 376(A)(B) of the Indian Penal Code and Sections 4,6,8,12 of POCSO Act and Section 3(1)(r)(s)(w) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 2015. This Court has carefully gone through the material which is available against the present appellant.

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The crime came to be registered on the basis of report given by mother of the victim girl. At relevant time i.e. on 21/05/2019 the victim girl was aged about 4 years 11 months. Allegations are made that the appellant misbehaved with the girl and due to that she was crying. On enquiry she described the misbehaviour of the appellant. This Court has seen the medical record. No injury was found on the private part of the victim girl. This Court has also seen the statement of the victim girl recorded under 164 of the Code of Criminal Procedure.

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In view of the material available against the appellant this Court holds that it is not desirable keep the appellant behind bars till the disposal of the case filed against him. He has been behind bars since 22/05/2019. Some conditions can be imposed to see that there is no tampering of witnesses. In view of the above, following order is passed.

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ORDER

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i) Appeal is allowed.

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( 3 ) criappl1058.19.odt

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ii) The order dated 17/09/2019 made by learned Additional

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Sessions Judge, Jalgaon is hereby set aside.

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iii) Application filed for bail is allowed.

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iv) The appellant is to be released on his furnishing bail of Rs.30,000/- with PR and SB of Rs. 30,000/- with one or more solvent sureties. He is not to tamper the prosecution witnesses. He is not to commit similar offence. He is not enter Jalgaon Tahsil except for attending case till the disposal of case filed against him. On that day also he is not go to the locality where the victim girl and witnesses are living.

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[S.M. GAVHANE, J.]

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ssp/Nov.19/criappl1058.19.odt

Shambaba @ Sham Bhagwat Suryawanshi v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Shambaba @ Sham Bhagwat Suryawanshi v. the State of Maharashtra and Anr.

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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