Ashok Baburao Patil vs The State Of Maharashtra
2017 Latest Caselaw 4752 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL APPEAL NO.575 OF 2017


Ashok Baburao Patil                           ......Appellant
V/s.
State of Maharashtra                          .......Respondent


Mr. Rahul S. Kate, Advocate for Appellant.
Mr. H.J.Dedhia, APP for Respondent-State.
Mr. Mahindra B. Deshmukh, Advocate for applicant in
Application No.981 of 2017.

                          CORAM : SMT. V.K. TAHILRAMANI, &
                                  SANDEEP K. SHINDE, JJ.

DATE : July 19, 2017.

ORAL JUDGMENT : [ Per Smt. V.K.Tahilramani, J.]

Heard the learned counsel for the appellant, the

learned counsel for the complainant and the learned APP

for the State.

2 This appeal has been preferred against the order

dated 3.7.2017 passed by the Additional Sessions Judge, Karad

in Criminal Miscellaneous (Bail) Application No.106 of 2017

preferred by the appellant wherein he has sought anticipatory

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bail in C.R.No.147 of 2017 registered at Koregaon Police Station

for offence punishable under Sections 376, 417, 406, 420, 323,

504 and 506 of Indian Penal Code and Sections 3 and 4 of

Scheduled Caste & Scheduled Tribe (Prevention of Atrocities)

Act, 1989 and under Sections 8 and 10 of Protection of Civil

Rights Act, 1955. By the order dated 3.7.2017, Application

No.106 of 2017 preferred by the appellant seeking anticipatory

bail came to be rejected. It is stated that the said C.R. has now

been transferred to Karad City Police Station and it has been

numbered as 363 of 2017.

3 The complainant is a married lady. She has

specifically stated in her FIR that the appellant promised to

marry her and had sexual relations with her from time to time.

She has stated that on 8.5.2017 when she asked the appellant

when he would marry her, the appellant abused her in relation

to her caste and had forcible sexual intercourse with her. It is

further the case of the complainant that the appellant took an

amount of Rs.3,86,000/- from her as well as two gold rings.

However, he avoided to return the amount taken from her.

Looking to the allegations made in the FIR, custody of the

appellant would be necessary in order to recover the amount

and articles of the complainant hence, we are not inclined to

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grant anticipatory bail.

4                The Appeal is dismissed.



5                At this stage, the learned counsel for the appellant

states that interim protection may be extended as they wish to

approach the Apex Court. In view of the prayer made, interim

protection is extended till 8.8.2017.

(SANDEEP K. SHINDE, J)                   (SMT. V.K. TAHILRAMANI, J)




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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.981 OF 2017 IN CRIMINAL APPEAL NO.575 OF 2017

Madhuri Prakash Sontakke ......Applicant

IN THE MATTER BETWEEN

Ashok Baburao Patil ......Appellant V/s.

State of Maharashtra .......Respondent

Mr. Mahindra B. Deshmukh, Advocate for Applicant. Mr. Rahul S. Kate, Advocate for Appellant. Mr. H.J.Dedhia, APP for Respondent-State.

CORAM : SMT. V.K. TAHILRAMANI, & SANDEEP K. SHINDE, JJ.

                          DATE      :     July 19, 2017.

P.C:

                 In     view   of       the    averments      made         in     the

application, the application is allowed and the intervenor

(Complainant) is allowed to intervene in the Criminal

Appeal No.575 of 2017.

2 The application stands disposed of accordingly.

(SANDEEP K. SHINDE, J) (SMT. V.K. TAHILRAMANI, J)

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