Criminal Court rejected a bail application in a case involving under-age marriage and offences under POCSO and IPC. The court held sufficient material existed for conviction carrying life imprisonment, thus denying bail despite claim of trial delay.
Bail application rejected; applicant detained.
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.
ISM
22.385.21 ba.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 385 OF 2021
ASIF AYUB KHAN
….APPLICANT
V/s.
THE STATE OF MAHARASHTRA
…..RESPONDENT
Ms. Nushrat Shah i/b K. H. Associates advocate for the Applicant Mr. A. R. Kapadnis APP for the State Mr. Ghadge, PSI, Mahim Police Station
CORAM : NITIN W. SAMBRE, J. DATE: 6th OCTOBER, 2021.
P.C.:
1] Applicant is seeking bail in C.R. No. 128/2017 registered with Mahim Police Station for offence punishable under Sections 376, 366,
323, 506 of the Indian Penal Code and under Sections 4, 8, 12 & 17
of the Protection of Children from Sexual Offences Act, 2012 and
under Section 9 and 11 of the Child Marriage Act.
2] The submissions are, there is delay in trial as same is not
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22.385.21 ba.doc
concluded for last more than four and half years. Further contentions
are, that other co-accused are already released on bail and as such, further detention of the applicant is not justifed.
5] Victim, a minor was forced to marry the applicant which was his second marriage. The frst marriage is already in subsistence. Material on record depicts that victim was aged about 13 years at the time of marriage and the prosecution was justifed in invoking provisions of POCSO Act.
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rejected.
[NITIN W. SAMBRE, J.]
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2 issues framed by the court
Whether the applicant is entitled to bail under Section 481 CrPC given the prima facie case and likelihood of conviction.
Whether delay in trial and release of co-accused justify granting bail in offences involving child sexual abuse.
3 provisions across 3 enactments
Asif Ayub Khan
The State of Maharashtra
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
