This High Court discarded the 'Last Seen Theory' and granted Bail [Read Order]

On 02-06-2020 the Nagpur Bench of the Bombay High Court, comprising of Hon’ble Justice Sunil B. Shukra and Anil S. Kilor in the Case Dnyaneshwar Kailash Mhaske Vs Stae Of Maharastra and BhimRao Dadarao  Mahshe released the Appellant on personal bond, for want of direct evidence.

Factual Background

The Appellant is behind the bars and the State is incapable of filing the reply. A Notice has been issued to the Complainant in this regard. The FIR and the victim’s statement revealed that the appellant is not liable under U/S 376(D), 294 and509 read with Section 34 IPC, Section 4  of the POCSO Act. , Section 3(2)(va) and 3 (1) (xii) of the Scheduled Caste and Scheduled Tribe, 1989. On Seeing the Complainant, the Appellant ran away from the Seeing of Occurrence.

Court Findings

The Court is of the view since the investigation is over, there is no point further delaying of the Appellant. Therefore, the Appellant is released on furnishing personal Bond of Rs. 50,000/- along with the same amount of surety bond. The Appellant/ Applicant is directed to leave Aasola Jahagir, Tahsil Deulgaon Raja, District Buldana and stay 20km away from the village till the testimony of the complainant and the victim is recorded. Occasionally the Applicant can visit the village on account of festivals having Gazetted Holidays and shall leave the place the very next morning..

Lastly, the Applicant shall not taper with the Prosecution witnesses in any manner and extend his full assistance to the Court with regard to the concerned proceedings.

Read Order @LatestLaws.com