This high court dismissed a bail application filed by a man accused of raping a 13-year-old special child. Relying on medical evidence showing a ruptured hymen and undisputed facts, the court held that discretion could not be exercised in favor of the applicant.
Application dismissed; appointed counsel fees quantified at Rs.5,000/-.
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{1} BA 20 OF 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
907 BAIL APPLICATION NO.20 OF 2021
RAMESHWAR S/O SHIVAJI MANE VERSUS
THE STATE OF MAHARASHTRA AND ANR.
Advocate for Applicant : Smt. Sharada P. Chate APP for Respondent No.1 : Shri G.O.Wattamwar Advocate for Respondent No.2 : Smt. Ashwini Lomte (appointed)
… CORAM : M.G.SEWLIKAR, J.
DATE: 10th December, 2021
PER COURT:-
{2} BA 20 OF 2021
{3} BA 20 OF 2021
ORDER
(i) Application is dismissed.
(ii) Fees of the appointed counsel is quantifed at Rs.5,000/- (Rs.Five thousand only). It is to be paid through the High Court Legal Services Authority, Sub-Committee, Aurangabad.
( M.G.SEWLIKAR ) JUDGE
SPT
1 issue framed by the court
Whether bail can be granted in rape cases involving a minor victim with medical evidence confirming injury.
2 provisions across 2 enactments
RAMESHWAR S/O SHIVAJI MANE
THE STATE OF MAHARASHTRA
Respondent No.2
M.G.SEWLIKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
