Bail application rejected in case of sexual assault on a child by her uncle. Court held it is not a fit case for bail, ordered expedited trial within 12 months, and clarified order is prima facie only.
Application for bail dismissed. Trial expedited to be concluded within 12 months.
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BA 3363-18.doc
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3363 OF 2018
Mohd. Sadik alias Sonu Mohd. Nasir Shaikh
.Applicant
Vs.
The State of Maharashtra .Respondent
Mr. Gaurav Bhawnani i/b. Mr. Abdul W. Khan, Advocate, for the Applicant
Mrs. P. P. Shinde,APP, for the Respondent – State
CORAM : REVATI MOHITE DERE, J. DATE : 03.07.2019
P.C.
. Heard learned counsel for the parties.
bail in connection with C. R. No. 105 of 2018 registered with the Meghwadi Police Station, Mumbai, for the alleged offences punishable under Section 376 of the Indian Penal Code and under Sections 4 & 6 of the Protection of Children from Sexual Offences Act.
incident took place on 22.03.2018 at about 7.30 p. m., when the victim
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BA 3363-18.doc
girl was sleeping in her house. The Applicant is the uncle of the victim girl. The victim girl has alleged that she woke up, as she had pain in her private part. She has alleged that when she woke up, she saw that the Applicant, her uncle had inserted his finger in her private part. She has stated that she pushed the uncle, pursuant to which he ran away. The FIR was lodged on 26.03.2018.
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BA 3363-18.doc
hospital, the victim girl has re-iterated the incident to the Doctor and the
same is consistent with her statement and the FIR.
prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.
(REVATI MOHITE DERE, J.)
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1 issue framed by the court
Whether the applicant is fit for enlargement on bail given the nature of sexual offence against a child and the relationship of the accused with the victim.
3 provisions across 2 enactments
Mohd. Sadik alias Sonu Mohd. Nasir Shaikh
The State of Maharashtra
REVATI MOHITE DERE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
