Single Judge allowed bail to an applicant accused of sexual offences involving a minor under IPC, POCSO, and IT Act, imposing cash bail, bond with surety, and restrictions on communication with witnesses.
Released on cash bail of Rs.15,000 for six weeks with a P.R. Bond of Rs.15,000 and one or more sureties in like amount.
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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nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.1117 OF 2019
Rohit Vilas Shinde ...Applicant Versus The State of Maharashtra ...Respondent
Mr.B.K.Manghani, for the Applicant.
Mr.A.A.Palkar, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE, J.
DATE : 22nd JULY, 2019
P.C. :
1. Heard learned counsel for the parties.
bail in connection with C.R.No.275 of 2018 registered with the Bhandup
Police Station, Mumbai, for the alleged offences punishable under Sections 376(2)(N)(I)(J) of the Indian Penal Code and under Sections 4 and 6 of Protection of Children from Sexual Offences Act and under
Sections 66(E) and 67(A) of the Information Technology Act.
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allowed and the applicant is enlarged on bail on the following terms and
conditions:-
ORDER
i) The Applicant be released on cash bail in the sum of Rs.15,000/-, for a period of six weeks;
ii) The Applicant shall within the said period of six weeks, furnish P.R. Bond in the sum of Rs.15,000/- with one or more sureties in the like amount;
iii) The Applicant shall attend the concerned Police Station, on the first Saturday of every month, between 10:00 a.m. to 11:00 a.m., till the conclusion of the trial;
iv) The Applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the trial Court as well as to the concerned Police Station, in writing;
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v) The Applicant shall not tamper with the evidence or attempt to influence/contact the complainant, witnesses or any person concerned with the case;
vi) The Applicant shall co-operate in the conduct of the trial and shall attend the trial Court on every date of hearing, unless exempted by the trial Court;
vii) An undertaking to the aforesaid clauses (ii) to (vi), shall be filed by the Applicant, in the Registry of the trial Court, within two weeks of his release;
viii) If there are 2 consecutive defaults either in attending the Police Station or in appearing before the trial Court or breach of any of the conditions as stated above, the prosecution will be at liberty to apply for cancellation of Applicant's bail.
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REVATI MOHITE DERE, J.
3 issues framed by the court
Whether bail should be granted to the applicant in connection with offences punishable under IPC Section 376(2)(N)(I)(J), POCSO, and Information Technology Act.
Whether the prima facie medical case papers support the prosecutrix's allegation of sexual assault for the purpose of bail.
What conditions of bail are appropriate given the nature of the alleged offences and the applicant's custody status.
3 provisions across 3 enactments
Rohit Vilas Shinde
The State of Maharashtra
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
