Dismissed

Kamalkishor Babulal Arya v. State of Maharashtra

Bombay HC14 Mar 2024BA/864/2024

Case brief

AI extract

What is this about?

The High Court rejected a bail application filed by a 74-year-old applicant accused of serious offences involving a 9-year-old child under IPC Section 376-AB and POCSO. The court held, despite the applicant's age, that the gravity of the charges and existence of witnesses precluded it being a fit case for bail.

What did the court decide?

Bail application stands rejected. State and Trial Court directed to conclude the trial within one year.

Kamalkishor Babulal Arya Vs State of Maharashtra — Child Sexual Offences (POCSO) | Bombay HC (2024)

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501-BA-864-2024.DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.864 OF 2024

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Kamalkishor Babulal Arya…Applicant
Versus

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The State of Maharashtra…Respondent

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Ms. Naseem Khan, Appointed, for the Applicant.
Mr. Sameer M. Mangaonkar, APP, for the Respondent-State.

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CORAM: MADHAV J. JAMDAR, J. DATED : 14^th MARCH 2024

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P. C.:

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1. The Applicant has preferred this Criminal Bail Application

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through jail by letter dated 1st January 2024. The same is
forwarded to this Court by letter of Superintendent, Thane Central
Prison dated 8th February 2024 and the same was received by the
Registry of this Court on 12th February 2024.

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2. This matter was placed before this Court on 4^th March 2024

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and this Court appointed Ms. Naseem Khan, learned Advocate to
represent the Applicant. Thereafter, the matter has appeared on
board on 7th March 2024, 11th March 2024, and 13th March 2024,
as the learned APP took time to produce the Charge-sheet.

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Page 1 of 3

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Sonali

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501-BA-864-2024.DOC

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3.The Applicant was arrested in C.R. No.782 of 2019
registered with Nalasopara Police Station on 30th June 2019. It is
the contention of the Applicant that he is 74 years old and he is in
jail for about 4 years and 6 months and that the trial has not yet
commenced.

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4.With the assistance of Ms. Naseem Khan, learned Counsel
appointed to represent the Applicant and Mr. Mangaonkar, learned
APP, I have perused the Charge-sheet. The Applicant was arrested
for commission of serious offence punishable under Section 376-
AB of the Indian Penal Code, 1860 and Sections 4, 6 and 8 of the
Protection of Children from Sexual Offences Act, 2012. At the
relevant time, age of the victim was 9 years. There are eye-
witnesses to the incident. Although the Applicant is a senior citizen
aged 74 years, in the facts and circumstances of this case, this is
not a fit case to grant bail to the Applicant.

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5.As the Applicant is incarcerated since 30th June 2019, the
Respondent No.1-State of Maharashtra is directed to take steps to
conclude the trial expeditiously and in any case, within a period of
one year from today.

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Page 2 of 3

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Sonali

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501-BA-864-2024.DOC

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6.Learned Trial Court is also requested to take effective steps
to conclude the trial expeditiously within a period of one year from
today.

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7. Accordingly, the Bail Application stands rejected.

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8.This Court places on record its appreciation for the
assistance rendered by Ms. Naseem Khan, learned Advocate
appointed to represent the Applicant. Her professional charges be
paid as per rules and her name be included in the panel
maintained by High Court Legal Services Committee, Mumbai.

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[MADHAV J. JAMDAR, J.]

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Page 3 of 3

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Sonali

Kamalkishor Babulal Arya v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Kamalkishor Babulal Arya v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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