Allowed

Purshottom R Mogam Ganpat v. the State of Maharashtra

Bombay HC13 Feb 2023BA/404/2022

Case brief

AI extract

What is this about?

In this bail application, the High Court of Bombay granted bail to an under-trial prisoner accused under sections 307, 354, 354-B, and 506(2) of the IPC and POCSO Act. The court imposed stringent conditions including contact surrender, no-contact with the victim, and residence outside the crime area.

What did the court decide?

The applicant is released on bail by furnishing a refugee bond of Rs. 25,000/- with one or more sureties in the like amount, subject to stringent conditions including reporting to police and not conta

Purshottom R Mogam Ganpat Vs the State of… — Child Sexual Offences (POCSO) | Bombay HC (2023)

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Diksha Rane 30. BA 404-22.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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Digitally signed by DIKSHA DIKSHA DINESH DINESH RANE RANE Date: 2023.02.14 20:33:58 +0530

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BAIL APPLICATION NO.404/2022

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PURSHOTTOM R MOGAM GANPAT ..APPLICANT VS. THE STATE OF MAHARASHTRA ..RESPONDENT

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Adv. Raviraj R. Paramane for the applicant. Mr. S. V. Gavand, APP for State. Adv. Vrushali L. Maindad for the respondent no.2.

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CORAM : M. S. KARNIK, J.

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DATE : FEBRUARY 13, 2023.

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P.C. :

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1. Heard learned counsel for the applicant and learned APP for the State.

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2. This is an application for bail in respect of First Information Report (FIR) No.I-186/2021 registered with the Bhayander Police Station, under Sections 307, 354, 354-B, 506(2) of the Indian Penal Code, 1860 (hereafter “the IPC”, for short) read with Sections8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (hereafter ‘POCSO Act’ for short).

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3. The FIR was filed on April 23, 2021 with the Bhayander Police Station. The victim on the date of the incident was 13

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Diksha Rane 30. BA 404-22.doc

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years of age and the applicant was 27 years of age. It is alleged that the applicant committed the act with the victim which is an offence punishable under the aforesaid sections. There is no allegation of penetrative sexual assault. The allegations are serious in nature. The statement of the witness at page 53 of the paper-book reveals that on hearing the shouts of the victim, the witness came to the timely aid of the victim. The statement of the victim is supported by the witness.

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4. So far as the the allegation under Section 307 of the IPC is concerned, the medical evidence on record indicates that there are some abrasions on the neck of the victim.

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5. The applicant is in custody for more than one year and ten months with no possibility of the trial concluding any time soon. The maximum punishment prescribed for the offence under the IPC and the POCSO Act except Section 307 of the IPC is minimum three years and maximum five years imprisonment. The investigation is complete. The charge-sheet has been filed.

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6. Learned counsel for the applicant makes a statement that the applicant will reside outside the area of Bhayander

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Diksha Rane 30. BA 404-22.doc

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and Navghar. Statement is accepted.

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7. Considering the period the applicant has spent in custody as an under-trial prisoner and the fact that the trial is not likely to conclude any time soon, I am inclined to grant bail to the applicant. There are no criminal antecedents reported against the applicant. It is necessary to impose stringent conditions on the applicant. Hence the following order.

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O R D E R

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(a) The application is allowed.

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(b) The applicant in connection with FIR No.I186/2021 registered with the Bhayender Police Station, shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

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(c) The applicant shall report to the Investigating Ofocer of the concerned police station once in a month on every Saturday, between 11.00 a.m. and 1.00 p.m.

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(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police

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Diksha Rane 30. BA 404-22.doc

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Ofocer. The applicant shall not tamper with evidence.

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(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Ofocer and shall keep him updated, in case there is any change.

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(f) The applicant shall not threaten or influence the victim or establish any contact with her.

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(g) The applicant shall reside outside the area of Bhayender and Navghar till the trial is over except for reporting to the investigating ofocer.

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8. The application is disposed of.

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9. I express my gratitude for the able assistance rendered by learned counsel Ms. Vrushali Maindad who appeared on behalf of the complainant and argued in support of her case.

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(M. S. KARNIK, J.)

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Purshottom R Mogam Ganpat v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Purshottom R Mogam Ganpat v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

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