Dismissed¶26

Asaram S/O Dodku Kulmate v. State of Maharashtra Thr. P.S. Lakhani, Tq. Lakhani, Dist. Bhandara and Anr.

Bombay HC9 Apr 2025BA/144/2025

Case brief

AI extract

What is this about?

Bombay High Court, Nagpur Bench (Urmila Joshi-Phalke, J., 09/04/2025, 2025:BHC-NAG:3928) rejects bail of 75-year-old accused in POCSO/IPC 376 rape case involving pregnant minor victim; NALSA old prisoners scheme held inapplicable on mere old age without need for specialist nursing care or disability; DNA report pending; liberty reserved to reapply after DNA report; prosecution directed to expedite DNA report and trial.

What did the court decide?

Except for his old age, there is no document on record to show that the applicant is in need of specialist nursing care constantly or is suffering from mental or physical disabilities. ¶22

Asaram S/O Dodku Kulmate Vs State of… — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶26

Issue for consideration

Whether the applicant, aged about 75 years, is entitled to release on bail under the National Legal Services Authority scheme for Old Prisoners and Terminally Ill Prisoners. +1 more

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Court's answer

Except for his old age, there is no document on record to show that the applicant is in need of specialist nursing care constantly or is suffering from mental or physical disabilities.

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Ratio / Principle

In view of the National Legal Services Authority scheme for older prisoners, the applicant is not entitled to grant of bail.

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Key takeaways

The allegations against the applicant are of a serious nature and the DNA report is yet to be received.ratio¶22
The applicant is at liberty to approach the Court for grant of bail after receipt of the DNA report.ratio¶22
On perusal of the investigation papers, the recitals of the FIR and the victim's statement reveal that the minor victim girl was subjected to sexual assault by the applicant and carried the pregnancy; the applicant's involvement is revealed from the statement of the victim girl and of other witnesses.obiter

Detailed headnote1 paragraphs

Bail application under the National Legal Services Authority Scheme for Old Prisoners and Terminally Ill Prisoners by a 75-year-old applicant arrested on 24.05.2023 in Crime No. 178/2023, P.S. Lakhani, Bhandara, for offences under Sections 376(2)(j), 376(2)(n), 376(3) and 506 IPC and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, alleging rape of a minor girl aged about 15 years and 1 month resulting in pregnancy. Held: the scheme contemplates compassionate release of older prisoners needing constant specialist nursing care or suffering disabilities; except old age, no material on record shows the applicant needs specialist nursing care or suffers any disability, so he does not fit the criteria; the allegations are serious and the DNA reports are awaited; application rejected with liberty to reapply after receipt of the DNA report; prosecution directed to take effective steps to obtain the DNA report and proceed with the trial (Urmila Joshi-Phalke, J.).

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2025:BHC-NAG:3928

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(1) 6.ba.144.2025

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION (BA) NO. 144 OF 2025

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Asaram s/o Dodku Kulmate

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Vs.

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State of Maharashtra, through Police Station Lakhani, District Bhandara and another

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-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Ms. Shubhada K. Phaltankar, appointed Counsel for the applicant. Ms. M. A. Barabde, APP for non-applicant No.1/State. Mr. S. B. Taywade, appointed Counsel for the non-applicant No.2.

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CORAM : URMILA JOSHI-PHALKE, J. DATED : 09/04/2025

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The applicant came to be arrested on 24.05.2023 in connection with Crime No. 178/2023 registered with Police Station, Lakhani, District Bhandara for the offence punishable under Sections 376(2)(j), 376(2)(n), 376(3), 506 of the Indian Penal Code and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act.

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The crime is registered against the present applicant on the basis of the report lodged by the mother of the victim girl on an allegation that her daughter aged about 15 years and 1 month was subjected for sexual assault by the present applicant and this fact came to her knowledge as she has observed that her daughter is not receiving the menstrual period, and therefore, she took her

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(2) 6.ba.144.2025

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daughter for the medical examination and it revealed that she is carrying the pregnancy. On inquiry with the victim girl, she has disclosed that the present applicant has subjected her for forceful sexual assault which resulted into her pregnancy. On the basis of the said report, police have registered the crime against the present applicant.

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Learned Counsel for the applicant submitted that the applicant is aged about 75 years old and in view of the scheme by the National Legal Services Authority for the Old Prisoners and Terminally Ill Prisoners wherein the prisoners who are old aged can file an application for grant of bail and that application requires to be considered by the Court. Thus, considering the applicant is 75 years old and therefore, in view of the said scheme, he be released on bail.

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Learned APP for the State and learned appointed Counsel for the non-applicant No.2 – victim strongly opposed for the same and submitted that the applicant, who is 75 years old has subjected the minor victim girl for forceful sexual assault, which resulted into her pregnancy. The DNA reports are yet to be received. Considering the statement of the victim girl, the prima facie case is made out against the applicant. In view of that, the application deserves to be rejected. Learned APP further submitted that the criteria given under the scheme

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(3) 6.ba.144.2025

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wherein the applicant is not fitted, and therefore, he is not entitled for grant of bail.

¶19

After hearing both sides and on perusal of the investigation papers, it reveals that as per the recitals of the FIR and the statement of the victim which is recorded from which it reveals that the minor victim girl was subjected for the sexual assault by the present applicant, she carried the pregnancy. The DNA reports are yet to be received. Thus, as far as the involvement of the present applicant in the alleged offence is concerned, which reveals from the statement of the victim girl and the statement of the other witnesses.

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The application is filed by the applicant under the scheme floated by the National Legal Services Authority. The introduction of the said scheme shows that old prisoners and Prisoners with Terminal Illness face difficulties in navigating the prison environment, require frequent health check-ups, need special diets, and frequent meetings with their family and friends. Such prisoners would require specialised care and individual attention, which may not be possible for the prison authorities to provide, thus leading to aggravations in their medical condition and also often leading to issues of mental illness. As per the clause No.1.4(a) the older prisoners are considered and it is contended that assistance to older prisoners in accessing legal

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(4) 6.ba.144.2025

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counsel, legal and paralegal aid services from the outset of their detention and to provide additional support to older prisoners with mental or physical disabilities, as required, to ensure that they are not discriminated against in their access to justice and treatment in the criminal justice system. Release on compassionate grounds older prisoners who are in need of constant specialist nursing care, and who do not pose a risk to society, transferring them to an appropriate institution in the community. Encourage and facilitate contacts between older prisoners and legal aid services at the appropriate stage, in order to assist such prisoners in gaining early conditional and compassionate release. Thus, in view of the said scheme, the person who are in need of constant specialist nursing care, and older prisoners are considered to be released on bail. As far as the present applicant is concerned, except his old age there is no other document on record to show that he is in need of specialist nursing care constantly or he is suffering from mental or physical disabilities and therefore, in view of the said scheme, the applicant is not entitled for grant of bail. Moreover, the allegations against the present applicant is of a serious nature. The DNA report is yet to be received. The applicant is at liberty to approach to this Court for grant of bail after receipt of the DNA report.

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Learned APP is requested to seek appropriate instructions as to the receipt of the DNA

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(5) 6.ba.144.2025

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report and considering the applicant is arrested on 24.05.2023 and his incarceration is more than one and half years. The prosecution shall take effective steps to obtain the DNA report and proceed with the trial.

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In view of the above observations, the application is rejected.

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The fees of the appointed Counsel for the applicant and non-applicant No.2 be quantified as per rules.

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(URMILA JOSHI-PHALKE, J.)

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Sarkate

Asaram S/O Dodku Kulmate v. State of Maharashtra Thr. P.S. Lakhani, Tq. Lakhani, Dist. Bhandara and Anr.

Case brief

What is this about?

What did the court decide?

Asaram S/O Dodku Kulmate v. State of Maharashtra Thr. P.S. Lakhani, Tq. Lakhani, Dist. Bhandara and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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