Shaikh Mohsin @ Guddu S/O Shaikh ... vs State Of Mah., Thr. Pso Ps Old City ...
2021 Latest Caselaw 156 Bom

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

                        CRIMINAL APPEAL NO. 577 OF 2019

  Shaikh Mohsin @ Guddu S/o. Shaikh Bashir,
  Aged about 23 years, Occ. Painter,
  R/o. Modkewadi, Old City, Akola
  Tah. & Dist. Akola.                                                    . . . APPELLANT

                         ...V E R S U S..

  1. State of Maharashtra through its
     Police Station Officer,
     Old City Police Station,
     Akola, Dist. Akola.

  2. Ku. Rita D/o. Prabhu Navghare,
     Aged about 19 years, Occ. Education,
     R/o. Rohib Parveen Khan,
     Behind Salasar Mandir,
     Ganga Nagar, Old City,
     P.S. Old City, Akola
     Tah. & Dist. Akola.                                            . . . RESPONDENTS

 ------------------------------------------------------------------------------------------------
 Shri S. R. Agrawal, Advocate h/f. Shri S. V. Sirpurkar, Advocate for
 appellant.
 Ms. Mayuri Deshmukh, A.P.P. for respondent no. 1/State.
 Shri Anzar Baig Mirza, Advocate for respondent no. 2.
 -----------------------------------------------------------------------------------------------
                               CORAM :- Z. A. HAQ AND
                                        AMIT B. BORKAR, JJ.

DATED :- 05.01.2021

ORAL JUDGMENT (PER : AMIT B. BORKAR, J.) :-

1. Heard.

2. Admit.

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3. This appeal under Section 14A of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "the

Act of 1989") challenging the order dated 16.07.2019 passed by the

Judge, Special Court, Akola in Misc. Cri. Application No. 430/2019

rejecting the bail application of the appellant. The First Information

Report (FIR) came to be registered against the appellant on

24.05.2019 with the accusation that the appellant and the respondent

no. 2 were in relationship for more than 1½ years. As per the

allegations in the FIR, the first incident occurred on 28.01.2017 and

thereafter in November-2018 the respondent no. 2 became pregnant.

It is alleged that thereafter, the appellant promised to perform

marriage with the respondent no. 2. On 02.04.2018 there was another

incident of sexual intercourse on the promise of marriage. As per the

FIR, the age of the respondent no. 2 at the time of FIR was 17 years

and 6 months. From the FIR, it appears that the respondent no. 2 was

about 16 years of age on the date of first incident.

4. The appellant came to be arrested on 23.05.2019. The

appellant therefore moved Misc. Cri. Application No. 430/2019 with

the Judge, Special Court, Akola under Section 439 of the Code of

Criminal Procedure. By impugned order dated 16.07.2019, the bail

application of the appellant came to be rejected.

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5. The appellant has therefore, filed the present appeal under

Section 14A of the Act of 1989 as the FIR was also registered under the

provisions of the Act of 1989. This Court on 18.09.2019 released the

appellant on provisional bail subject to condition stated in the said

order.

6. Shri S. R. Agrawal, learned Advocate h/f. Shri S. V.

Sirpurkar, Advocate for the appellant submitted that after the release

of the appellant on provisional bail, the appellant has not misused the

liberty granted to him by the said order. He submitted that there is no

other offence registered against the appellant and has made statement

to that effect in paragraph no. 2 of the appeal. He submitted that age

of the appellant is about 23 yeas and he is working as painter.

7. We have gone through the contents of the FIR and after

evaluation of the said report we find that the allegation in the FIR

about promise to marry with the respondent no. 2, same can be

decided at the time of trial. The appellant has not misused the liberty

granted by order dated 18.09.2019 and there is no antecedent to the

discredit of the appellant. The prosecution has not pointed out why

custody of the appellant is necessary. The appellant is in jail since

23.05.2019. The investigation of the present crime is already

completed. No purpose will be served in keeping the appellant in

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incarceration. We, therefore, of the opinion that the provisional bail

granted by this Court needs to be confirmed. We, therefore, pass the

following order :-

(i) The order dated 16.07.2019 in Misc. Cri. Application No.

430/2019 passed by the Judge, Special Court, Akola rejecting the bail

application of the appellant is quashed and set aside.

(ii) The order of provisional bail dated 18.09.2019 granted by

this Court is confirmed subject to additional condition that the

appellant shall not directly or indirectly influence the witness of the

prosecution and shall attained the trial before the Sessions Judge on

each date unless exempted by the Sessions Judge.

The Criminal Appeal is allowed in the above terms.

CRIMINAL APPLICATION (APPA) NOS. 761/2019 AND 817/2019

In view of the disposal of the Criminal Appeal, these

applications praying for grant of time to file certified copy of order

dated 16.07.2019 and for dispense with all office objection do not

survive and they are disposed accordingly.

                JUDGE                                          JUDGE

 RR Jaiswal